Author name: Marc Alexander

Malicious Prosecution/SLAPP: SLAPP Victors In Malicious Prosecution Suit Won Aggregate Fees Of About $67,000 For Various Law Attorneys Defending Them

Cases: SLAPP

  Also, Denial of Fee Award to Prevailing Defendant Under FEHA Action Also Established Probable Cause, Dispensing of Malicious Prosecution Element.      Central Escrow, Inc. v. Martin, Case No. B234166 (2d Dist., Div. 5 Feb. 5, 2013) (unpublished) was a malicious prosecution case brought against plaintiffs and their attorneys after they lost a sexual harassment […]

Family Law/Record: First Judge’s Decision Denying Fees Encompassed Needs-Based/271 Fees And Second Judge Also Denied Domestic Violence Proceeding Fees

Cases: Family Law, Cases: Record

       The appellate record, in this case transcripts of oral hearings, was critical in the disposition of the appeal in Marriage of Perry, Case No. F062331 (5th Dist. Feb. 1, 2013) (unpublished).      Although wife cross-appealed from a denial of some attorney’s fees requests, the record showed that the first judge denied needs-based fees

Equity/Section 1717/Poof!: Fifth District Finds “Buried, One-Sided” Escrow Agreement Fees Clause Was Unconscionable As To Losing Putative Class Action Plaintiff On Government Code Excessive Notary Fee Claim

Cases: Equity, Cases: POOF!, Cases: Section 1717

  $266,801 Fee Award to Defense Went POOF!      The defense in Hutton v. Fidelity National Title Co., Case Nos. F063318/F063922 (5th Dist. Jan. 31, 2013) (partially published; fee discussion unpublished) must have been feeling pretty good in this one. It had won a summary judgment against a plaintiff suing it on behalf of a

Consumer Statutes: Attorney’s Fee Recovery Properly Denied To Swimming Contractor Not Complying With Consumer Protection Dictates For Swimming Contracts

Cases: Consumer Statutes

       We are not sure that our local appellate court was equitably happy with the result it reached, but it certainly felt the law was followed.      In Le v. Crawford, Case No. G046271 et al. (4th Dist., Div. 3 Jan. 31, 2013) (unpublished), defendant did receive a $92,000 judgment for unpaid work in

Arbitration/Class Actions: $25.000 In Attorney’s Fees Incurred In Successfully Opposing Motion To Compel Arbitration, Pre-Concepcion, Did Not Constitute Damages For Proceeding Under The Consumer Legal Remedies Act

Cases: Arbitration, Cases: Class Actions

       In Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist., Div. 3 Jan. 29, 2013) (unpublished), a plaintiff in a long-running Consumer Legal Remedies Act (CRLA) battle finally lost on a judgment on the pleadings battle, which was affirmed by our local Santa Ana appellate court in a 3-0 opinion authored by

Homeowner Associations: Battles Can Be Costly — Losing Homeowner Hit With Over $405,000 In Fees Granted To Neighbors/HOA

Cases: Homeowner Associations

       If there is one area where acrimony is evident, it is homeowner/neighbor/HOA battles. The problem, in line with our Mission Statement, is that the fee recovery can be crushing, far outweighing the probable importance of the litigation.      That is what happened in Mestler v. Johnson, Case No. D058869 (4th Dist., Div. 1

Common Fund/Probate: Grandson’s Successful Petition Increasing Trust Assets Justified Common Fund Reimbursement Of His Attorney’s Fees

Cases: Common Fund, Cases: Probate

  However, Matter Remanded Because His Estimate of Fees Did Not Satisfy Percentage of Benefit or Lodestar Analyses.      The appellate court in Johnson v. Johnson, Case No. B242770 (2d Dist., Div. 2 Jan. 31, 2013) (unpublished) agreed that grandson was entitled to recoup his attorney’s fees under a common fund theory when he successfully

Appealability/Undertaking: Appellate Court Grants Supersedeas For Fees Only Award, But Dismisses Subsequent Appeal When Supersedeas Grant Did Not Rule On Costs to Petitioner

Cases: Appealability, Cases: Undertaking

       This next case, Soni v. CH&I Technologies, Inc., Case No. B240173 (2d Dist., Div. 8 Jan. 30, 2013) (unpublished), enters into the arcane fray of fees only awards and supersedeas grants. So, here we go.      After observing that this was the third appeal between the parties (hint! hint!), the background for all

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