Author name: Marc Alexander

Homeowner Associations/POOF!: Fee Recovery To Defense Went POOF! When Appellate Court Determined No Common Interest Development Involved

Cases: Homeowner Associations, Cases: POOF!

       In many respects, Tract 19051 Homeowners Assn. v. Kemp, Case No. B235015 (2d Dist., Div. 4 May 15, 2013) (unpublished) was not a difficult decision once the liminal legal issue was decided. Because no common interest development was involved, a defense award of fees had to be overturned under Civil Code section 1354. […]

Settlement/Section 1717/Trade Secret: Court of Appeal Honors Settlement Agreement Procedures Reserving Fee Determination

Cases: Section 1717, Cases: Settlement, Cases: Trade Secrets

Settlement Agreement’s Reservation Of Fee Determination Based on Trade Secret Misappropriation Statute Did Allow Lower Court To Determine If Fee Entitlement Proven In Postjudgment Fee Proceeding Denial of Fee Recovery Reversed and Remanded.      Khavarian Enterprises, Inc. v. Commline, Inc., Case No. B243467 (2d Dist., Div. 4 May 14, 2013) (published) demonstrates that appellate courts

In The News . . . . Skechers Class Action Attorneys Divide $5 Million In False Advertising Settlement And O.J. Simpson Paid Nearly $700,000 To His Las Vegas Criminal Defense Lead Attorney

In The News

  Skechers Class Action.      A federal judge in Louisville, Kentucky approved a $40 million class action settlement on May 13, 2013 involving more than 520,000 claims and more than 70 lawsuits nationwide over allegations that Skechers USA made unfounded ad claims about its footwear. The class action attorneys will split up $5 million in

Arbitration: Arbitration Costs Properly Not Awarded Because Section 998 Cost-Shifting Issue Not Submitted To Arbitrator

Cases: Arbitration, Cases: Section 998

  However, Matter Remanded Because Judicial Confirmation Proceedings Costs Were Recoverable and Erroneously Not Awarded.      Watson v. Knorr, Case No. H036430 (6th Dist. May 13, 2013) (unpublished) is a case where plaintiffs won a $1.1 million arbitration award “plus costs under the Code of Civil Procedure.” Plaintiffs never submitted costs issues to the arbitrator,

Deadlines: Defendant Winner In Prior Copyright Dispute Was Not Entitled To Offset Potential Fee Recovery From Royalties Where No Fees Sought In Previous Case

Cases: Deadlines

       Defendant winner in a previous copyright dispute filed a memorandum of routine costs, but never moved for recovery of attorney’s fees in that action. This decision, tactical or otherwise, was dispositive in the next case we examine.      Defendant, in De Walt v. Jobete Music Co., Inc., Case No. B240650 (2d Dist., Div.

Five Year Anniversary of California Attorney’s Fees

Off Topics

  Five Years Of Blogging . . . . Can You Believe It?             May 11, 2008 was our first blog.  We can now announce this is our fifth year of attempting to provide all of our readers with instructive information on how courts address attorney’s fees requests, as well as newsworthy related items and

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