Author name: Marc Alexander

Arbitration/In the News . . . . Starbucks To Pay Kraft Foods Spin-Off $2.76 Billion Based On Adverse Arbitration Award

Cases: Arbitration, In The News

  $527 Million of the Award Was Prejudgment Interest/Attorney’s Fees.      In March 2011, Starbucks prematurely ended a contract with Kraft Foods which was allowing the food company to sell bagged Starbucks coffee in grocery stores. Earlier, Kraft rejected Starbucks’ $750 million offer to end the arrangement. The matter went to arbitration, with Starbucks countering […]

Cases Under Review/Prevailing Party/Section 1717: Kandy Kiss Case Under Review

Cases: Prevailing Party, Cases: Section 1717

  Briefing Looks Completed; Issue Is Whether Procedural Victory Based on Federal Exclusive Jurisdiction Entitles Litigant to Prevailing Party Status Under Civil Code Section 1717.      On both September 22, 2012 and December 27, 2012, we posted on Kandy Kiss of California, Inc. v. Tex-Ellent, Inc., a Second District decision affirming an award of attorney’s

Family Law: Lower Court Did Not Have To Consider Financial Needs Factor In Awarding Discretionary Fees Under Family Code Section 6344(a) In Domestic Violence Proceeding

Cases: Family Law

  $20,000 Fee Award to Girl Friend Affirmed On Appeal.        In Fox v. Knopp, Case Nos. B240449 et al. (2d Dist., Div. 8 Nov. 8, 2013) (unpublished), attorney boyfriend was hit with a $20,000 domestic violence fee award in favor of ex-girlfriend. The statutory basis was Family Code section 6344(a), which allows a

Quantum Meruit: Discharged Contingency Attorneys Entitled To Quantum Meruit Recovery, Not Pro Rata Distribution Where Contingency Award Could Satisfy All Fee Claims

Cases: Quantum Meruit

  Fracasse, Not Cazares, Test Applied.      When a contingency attorney is discharged, the general measure of recovery is quantum meruit–the reasonable value of attorney’s services rendered to the time of discharge. (Fracasse v. Brent, 6 Cal.3d 784, 790-792 (1972).) This rule is reinforced, yet again, in Mann v. Hernandez, Case No. B240546 (2d Dist.,

Civil Rights: Plaintiffs Successfully Challenging Anti-Gang Injunction Have Substantial Fee Award Of Over $3.2 Million Affirmed

Cases: Civil Rights

  Ninth Circuit Did Say That Fee Award Exposure to Orange County District Attorney T-Rack Might Need To Be Reassessed.      Vasquez v. Rackauckas, Case No. 11-55795 (9th Cir. Nov. 5, 2013) (published) is an interesting civil rights case in which an anti-gang injunction under California’s general public nuisance statutes was successfully challenged by four

Off Topic: ABA Chronicles 10 Pivotal Trials

Off Topics

  From Adam/Eve To Modern Times …. In the November 2013 edition of the ABA Journal, there is a list of 10 pivotal past trials, which we repeat by category. *Guilt and Ignorance — God punishes Adam and Eve, and the Serpent. Garden of Eden, after the 7th day. *Treason — English Parliament puts King

Consumer Statutes: Reversal Of Elder Abuse Claim And Per Violation Penalty Under Patient’s Bill Of Rights Requires Remand Look At Substantial Fee Recovery Against Nursing Home Defendant

Cases: Consumer Statutes

  Fees/Costs Not Capped Under Patient’s Blll of Rights But “Per Violation” Reversal Required Relook At Fees Given They Are Based On Results Achieved.      In Nevarrez v. San Marino Skilled Nursing and Wellness Centre, Case No. B235372 (2d Dist., Div. 4 Nov. 4, 2013) (opn. on rehearing/published), a nursing home patient recovered a jury

Section 1717/Settlement: Lower Court Erred In Denying Contractual Fees To Prevailing Party Upon Written Reply Memorandum Request Before Party Had Chance To Properly File Motion For Fees

Cases: Section 1717, Cases: Settlement

  Denial Order Changed to Provide Prevailing Party Was Entitled to Fees Upon Subsequent Motion.      In Salazar v. Salazar, Case No. D061716 (4th Dist., Div. 1 Nov. 4, 2013) (unpublished), a court enforced a settlement agreement between brothers, with the agreement and a promissory note containing fees clauses in the event of a default.

POOF!/Private Attorney General/Special Fee Shifting Provision: Reversal Of Federal Due Process Violations Count Required Remand Redetermination Of Fee Awards To Prevailing Parties In Reverse Validation Action

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

  Fee Entitlement Was Established Under Public Records Act and Private Attorney General Statute, But Reversal of Civil Rights Judgment Determination Required a “Relook” All Around.      Although quite a lengthy decision, Community Youth Athletic Center v. City of National City, Case Nos. D060001/D061141 (4th Dist., Div. 1 Oct. 30, 2013) (published) does show that

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