Author name: Marc Alexander

Sanctions/Section 998/Costs/Private Attorney General: Four-In-One Post Unpublished Quartet

Cases: Costs, Cases: Private Attorney General (CCP 1021.5), Cases: Sanctions, Cases: Section 998

Sanctions–Spahl v. Santiago, Case No. B236369 (2d Dist., Div. 2 May 9, 2013) (Unpublished).     In this one, plaintiffs sanctioned under CCP § 128.7 argued that defendants' inclusion of a request for dismissal in its motion for sanction rendered the sanctions request invalid. Not so, because simply doing this did not contravene underlying any statutory purpose […]

Eminent Domain/Civil Rights: Court Properly Awarded $728,015.50 In Attorney’s Fees When Plaintiffs Recovered In Inverse Condemnation But Lost Civil Rights Claim

Cases: Civil Rights, Cases: Eminent Domain

No Apportionment Necessary Where Noninverse Condemnation Claim Relevant to Inverse Claim; No Statement of Decision Required Either.     Code of Civil Procedure section 1036 provides that a trial court shall fix attorney's fees and costs expenses to a prevailing plaintiff in an inverse condemnation proceeding.      Section 1036 was the centerpiece of the fee ruling appealed

Allocation/Employment/Section 1717: Employer Defendants Win $167,104.87 In Fees For Prevailing On Contract Claims, While Employee Winning On Wage/Hour Claim Receives $15,140 In Fees

Cases: Allocation, Cases: Employment, Cases: Section 1717

  Trial Court Decision Affirmed on Appeal.       Plaintiff, a chief technology officer, sued his ex-employer and a couple of other employees, losing contract and conversion claims but winning about $20,000 on an unpaid wage/hour claim. Both sides then moved for attorney's fees. The trial court awarded the defendants $167,104.87 in fees on the contract

Family Law: $8,524.88 271 Award Against Ex-Wife And Denial Of 2030 Needs-Based Fees To Her For Assistant Counsel Affirmed On Appeal

Cases: Family Law

  Abuse of Discretion Standard Drove Result Here.      In Marriage of Nigro, Case No. G046170 (4th Dist., Div. 3 May 3, 2013) (unpublished), ex-wife likely was bewildered when she was hit with $8,524.88 in Family Code section 271 sanctions and then denied any Family Code section 2030 needs-based fees for hiring an assistant attorney

Consumer Statutes/Prevailing Party: U.S. California District Judge Denies Fees To Either Side In Contentious Disability Prevailing Party Dispute

Cases: Consumer Statutes, Cases: Prevailing Party

    No One Prevailed, He Ultimately Ruled.        Well, U.S. District Judge Edward Davila (N.D. Cal.) had his hands full in dueling fee petitions brought by a disabled plaintiff class action representative Donald Cullen and Netflix, Inc. after the federal district judge dismissed the plaintiff’s third amended complaint with prejudice. However, plaintiff claimed

Sanctions: Due Process Sanctions Under OSC Order Need To Be Specific

Cases: Sanctions

       In ASAP Copy and Print v. Cannon Business Solutions, Inc., Case No. B232801 (2d Dist., Div. 2 May 1, 2013) (unpublished), the appellate court did reverse a specific OSC re sanctions order based on due process grounds. Although multiple grounds may have supported sanctions, the lower court’s order only cited one specific section,

Special Fee Shifting Statute: Plaintiff Losing Tort Act Claim On Summary Judgment, Based On Lack Of Information, Gave Rise To Fee Exposure Under CCP § 1038

Cases: Special Fee Shifting Statutes

       Plaintiff, in Walker v. City of Los Angeles, Case No. B236376 (2d Dist., Div. 4 Apr. 30, 2013) (unpublished), lost an invasion of privacy claim to Los Angeles on summary judgment. The summary judgment proceeding showed plaintiff based his claim on hearsay information found to not pan out when the defense proof was

Family Law: Appellant’s Failure To Challenge 271 Sanctions Basis For Fee Award Fatal, Even Though Needs-Based Alternative Basis May Have Resulted In Reversal

Cases: Family Law

       This next decision reminds all appealing parties to make sure you hit all arguments, especially independent bases for a fee award. Failure to address an alternative predicate for a fee award can be fatal, as it was here.      Ex-wife in Marriage of Rica, Case No. A135687 (1st Dist., Div. 5 Apr. 30,

Special Fee Shifting Statutes: Felonious Vehicle Fleeing Was Not The Same As Accident Necessary To Provide Fee Entitlement Under Felony Convictions Damages Statute

Cases: Special Fee Shifting Statutes

  Missing:  Causal Link “Based Upon” Statutory Language of CCP 1021.4       Automobile Wreck of 1910.  Puck.  Library of Congress.        Corenbaum v. Lampkin, Case Nos. B236227/B237871 (2d Dist., Div. 3 Apr. 30, 2013) (published) dealt in part with the statutory interpretation of CCP § 1021.4, which allows for discretionary recovery of fees to

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