Author name: Marc Alexander

Fee Clause Interpretation, Prevailing Party: Where Plaintiff Under An Ejectment Claim Obtained Possession Before Voluntarily Dismissing Complaint, Defendants Could Not Be The Prevailing Parties

Cases: Fee Clause Interpretation, Cases: Prevailing Party

Interpretation Of The Lease Language Led To That Result.              In A & N Industrial Properties, LLC v. Bart & Judy’s Bakery, Inc., Case No. B322730 (2d Dist., Div. 4 Nov. 13, 2023) (unpublished), plaintiff landlord sued a delinquent holdover tenant for breach of contract, common counts, breach of guaranty, and ejectment under a lease […]

Costs, Section 998: In A Dispute Spanning About A Decade, Court Of Appeal Resolves Costs Issues Under General Principles And CCP § 998

Cases: Costs, Cases: Section 998

Bottom Line Is That Some Routine Costs May Have To Be Paid On Remand By Prevailing Defendant.             Hussein v. Razin, Case Nos. G061491/G061681 (4th Dist., Div. 3 Nov. 13, 2023) (unpublished) is a decades-long dispute which finally resulted in plaintiff failing to prove his claims, in plaintiff defeating cross-claims against the defendant/cross-complainant, and with

Deadlines: In Civil Harassment Restraining Matter, Lower Court Did Not Err By Awarding Further Fees Of $41,762.31 To Prevailing Petitioner After An Initial $1,000 Fee Award To Her At A Hearing Where Petitioner Was Representing Herself

Cases: Deadlines

Lower Court Did Not Lose Jurisdiction To Award Additional Fees.             In George v. Hartman, Case Nos. H049735/H049886 (6th Dist. Nov. 13, 2023) (unpublished), the court entered a civil harassment restraining order and granted petitioner $1,000 in attorney’s fees under CCP § 527.6(s) based on a request for that amount in a Judicial Council form,

Appealability, SLAPP: Where Cross-Defendant’s SLAPP Motion Was Denied, Inclusive Of A Fees Request, Even Though Cross-Complainant Dismissed Its Complaint Before The Ruling Was Final, Cross-Defendant’s Appeal Of The Merits And Fees Denial Were Proper

Cases: Appealability, Cases: SLAPP

It Did Not Matter, Because SLAPP Denial Was Affirmed On Appeal.             Freeman v. LMA & SAI 1433 Wilshire LLC, Case No. B325212 (2d Dist., Div. 7 Nov. 9, 2023) (unpublished) goes to show you that you may hurdle procedural appealability obstacles, only to have the merits affirmed anyway.             In this one, the procedural

Family Law: $300,000 271 Sanctions Order Against Ex-Husband Was Reversed And Remanded On A Narrow Issue

Cases: Family Law

Because Ex-Husband Did Timely Pay An Earlier Discovery Sanctions, 271 Sanctions Order Had To Be Revisited Based On Lower Court Error On This Discrete Issue.             Family Code section 271 sanctions can be steep.  This is a statutory provision that allows considerable leeway to a lower court to impose sanctions in a dissolution proceeding against

Trade Secrets: Lower Court Did Not Erroneously Deny Civil Code § 3426.4 Fees To Unsuccessful Plaintiff In Trade Secret Misappropriation Case

Cases: Trade Secrets

Trial Judge Was Allowed To Credit Plaintiff’s Declaration Showing No Subjective Ill-Will.             Under Civil Code section 3426.4 (see our category “Trade Secrets”), trial judges have discretion to award attorney’s fees and costs to a prevailing party if they determine that the trade secrets misappropriation claim was objectively and subjectively specious in nature.  Many times,

SLAPP: Lower Court’s Award Of Partial SLAPP Fees To A Partially Prevailing Defendant Was No Abuse Of Discretion

Cases: SLAPP

Awarding Only 26% Of The Fee “Ask” Showed That Lack Of Total Success Was Credited.             In Fitzgibbons v. Chaudhuri, Case No. E077070 (4th Dist., Div. 2 Nov. 3, 2023) (unpublished), defendant tried to SLAPP a plaintiff’s complaint in entirety, but only obtained a grant to strike certain paragraphs and lines in the complaint.  The

Arbitration: LASC Appellate Division Opinion Gives Guidance On MFAA Service Deadlines And Equitable Relief Theories

Cases: Arbitration

Technical Discussions Across The Board, But Deadlines For Practitioners To Keep In Mind.             Folke v. Pulliam, Case No. BV033781 (L.A. Super. Ct. Oct. 6. 2023, posted for publication on Nov. 1, 2023) did consider the timeliness of serving a petition to vacate an arbitration award rendered under the Mandatory Fee Arbitration Act, Bus.

Liens For Attorney Fees, Settlement: Attorney Assigned Some Of A Prevailing Party Fee Award Judgment Was Entitled To Remaining Proceeds In A Malpractice Action Settlement After Payment Of Malpractice Counsel’s Contractual Lien

Cases: Liens for Attorney Fees, Cases: Settlement

Opinion Has An Interesting Discussion Of Whether A Suspended Or Disbarred Attorney Can Obtain Assignment Of A Judgment, With The Attorney Structuring The Assignment Correctly.             In Children Solution, LLC v. Altman (Mastroianni), Case No. B317816 (2d Dist., Div. 1 Oct. 31, 2023) (unpublished), plaintiffs lost to defendants in a bench trial, with the defense

Civil Rights, Private Attorney General: Plaintiff’s Obtaining Of Prior Mandamus Relating To Her Nursing License Did Not Mean She Was Entitled To Private Attorney General Or Civil Rights Fees

Cases: Civil Rights, Cases: Private Attorney General (CCP 1021.5)

Her Win Did Not Benefit A Large Class Of Persons, And Her Mandamus Writ Petition Was Not Litigated As A Federal Civil Rights Claim.             In Valencia v. Board of Registered Nursing, Case No. A164976 (1st Dist., Div. 4 Oct. 30, 2023) (unpublished), plaintiff obtained a mandamus petition win vacating certain discipline imposed by defendant

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