Author name: Marc Alexander

Civil Rights/Reasonableness Of Fees: FEHA Winning $1 In Damages Won $349,313.74 In Attorney’s Fees And $11,952.94 Under FEHA Fee-Shifting Statute

Cases: Civil Rights, Cases: Reasonableness of Fees

  Appellate Court Found Trial Court Did Not Abuse Discretion in Awarding Fee Award 600 Times the Damages Award.      Government Code section 12965(b) is a special fee-shifting provision which especially allows attorney’s fees and costs to be awarded to winning FEHA plaintiffs. Strict proportionality is not necessary between damages and fees awarded, with the […]

Family Law/Record: $3,000 Family Code Section 271 Fee Award Against Husband Sustained On Appeal

Cases: Family Law, Cases: Record

  Failure to Provide Reporter’s Transcript or Substitute Was Damning.      In Marriage of Kahdeman, Case No. B243812 (2d Dist., Div. 6 Aug. 28, 2013) (unpublished), ex-husband appealed a $3,000 award under Family Code section 271, contending that the lower court actually erroneously awarded it other Family Code provisions. The problem here is that appellant

Equity/Fee Clause Interpretation/Section 1717: Prevailing Plaintiffs In LLC Dissolution Dispute Entitled To Fee Recovery Under Broadly Worded LLC Operating Agreement Fee Clause

Cases: Equity, Cases: Fee Clause Interpretation, Cases: Section 1717

  Pre-Appraisal Participation in Litigating Issues Meant Corp. Code Section 17351(b) Did Not Trump Broadly Worded Fees Clause.      Kashian v. Simonian, Case No. F064325 (5th Dist. Aug. 28, 2013) (unpublished) was a business litigation war between two founding member sides of an LLC. Plaintiffs filed for fiduciary duty breach, declaratory relief, and LLC judicial

In The News . . . . San Diego Mayor Bob Filner Resigns, With City Agreeing To Fund Defense Of Jackson Lawsuit, Pay Some Money On Top To His Attorneys, And Indemnify Him For Any Non-Punitive Damages/Settlement In Lawsuit

In The News

       In a fiery resignation speech peppered with terms like “lynch mob,” San Diego mayor Bob Filner relented, agreeing to resign in return for some protection in a sexual harassment lawsuit brought by former aide Irene McCormack Jackson. San Diego’s City Council agreed to pay $98,000 of a past receivable to Mr. Filner’s defense

Special Fee Shifting Statute: Failure To Find Contempt Meant Trial Court Erred In Awarding Fees To A Party Who Nonetheless Got An Order Mandating That The Other Party Not Interfere With Provisional Director Decisions

Cases: Special Fee Shifting Statutes

  No Basis for Fee Entitlement Shown.      Cain killing Abel. Jan Lievens.      De Freitas v. M.J.B. Pipeline, Case No. A133946 (1st Dist., Div. 3 Aug. 23, 2013) (unpublished) pitted two deadlocked 50-50 shareholder brothers of a corporation against each other. Although a voluntary dissolution had been initiated, one of the brothers successfully

Costs: Denial Of Interpreter Costs Was No Abuse Of Discretion, But Denial Of Foreign Witness Travel Costs As A Matter Of Law Was Erroneous

Cases: Costs

  Witness Travel Expenses Are Not A “Taboo” Costs Item.      Costs is the issue we focus on in Shanghai Linzheng Import & Export Co., Ltd. v. Playhut, Inc., Case No. B237169 (2d Dist., Div. 8 Aug. 23, 2013) (unpublished), even though merits and prejudgment interest issues were also involved.      Here, a prevailing party

Probate: Application of CCP Statute Of Limitations Bar To Probate Code Section 2642 Fee Request Found Erroneous As A Matter Of Law

Cases: Probate

  However, Some Guidance Provided For Remand Issues.      Estate of M.C., Case No. E056772 (4th Dist., Div. 2 Aug. 23, 2013) (unpublished) involved a situation where attorney for an estate guardian filed to recover attorney’s fees for fairly routine accounting services. The probate court denied the fee request under Probate Code section 2642(b) in

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