Author name: Marc Alexander

Requests for Admission: $86,782.20 Request For Costs-Of-Proof Sanctions Properly Rejected Where Requesting Party Sought All Fees, With No Allocation To RFA Denials

Cases: Requests for Admission

       The result in Chung v. Bookspan, Case Nos. B236479/B238058 (2d Dist., Div. 1 Jan. 17, 2013) (unpublished) is actually a great reinforcement of a needed lesson if you are representing a party claiming costs-of-proof sanctions under Code of Civil Procedure section 2033.420, which allows a prevailing party at trial to obtain costs/fees of […]

Private Attorney General: Home Builders Association’s Fee Recovery Sustained In Substantial Part

Cases: Private Attorney General (CCP 1021.5)

  $1,800 For Unexplained Counsel Time to File Complaint Reduced From Fee Award.      Building Assn. of the Bay Area v. City of Santa Rosa, Case No. A132839 (1st Dist., Div. 5) (Jan. 15, 2013) (unpublished) involved a lower court’s fee award to a builders association invalidating an ordinance requiring property owners to waive their

Private Attorney General: Amateur Radio Hobby Plaintiff Winning Constitutional Vagueness Challenge To Palmdale Ordinance Entitled to 1021.5 Fees

Cases: Private Attorney General (CCP 1021.5)

  Lower Court’s Denial of Fees on Personal Interest Prong Was Reversed.      In Zubarau v. City of Palmdale, Case No. 236406 (2d Dist., Div. 5 Jan. 17, 2013) (unpublished), plaintiff–who was an amateur radio enthusiast–challenged a Palmdale zoning ordinance regulating approval of his application to construct a tower antenna at his home. He lost

Family Law: Parker v. Harbert Decision Now Published

Cases: Family Law

  Unjustified Contempt Proceedings Justified Family Code Section 271 Sanctions.      In our December 19, 2012 post, we discussed Parker v. Harbert, where 271 sanctions were awarded against ex-husband for unjustified contempt proceedings. On January 15, 2013, the First District, Division 5 ordered the prior unpublished decision to be published.

Costs/Section 998: Fact That Acceptance Proposal Was Separate Document From 998 Offer Did Not Render It Invalid

Cases: Costs, Cases: Section 998

  “Bear Costs” Language In Offer Trumped Surplusage “Plaintiff Can File Costs Bill” In Acceptance Proposal.      Whatley-Miller v. Cooper, Case No. B237335 (2d Dist., Div. 8 Jan. 15, 2013) (published) is an interesting add-on to the prolific increase in cases we have seen under Code of Civil Procedure section 998 pretrial offer jurisprudence.     

Special Fee Shifting Statutes: Prompt Payment Fee Recovery Affirmed Subject To Deduct And Payment Bond Fee Recovery Improperly Denied

Cases: Special Fee Shifting Statutes

  Overall Result, Remand to Calculate Mainly Attorney’s Fees Recovery.      Subcontractor on a public works project won damages, penalties, prejudgment interests, costs and attorney’s fees against general contractor and general’s surety, but sub was denied fees on the payment bond even though sub prevailed. General and surety appealed, and subcontractor cross-appealed claiming that fees

POOF!/Section 1717: Plaintiff Winning Breach Of Contract Claims With Unilateral Fee Clause Entitled To Recovery Under Reciprocity Principle

Cases: POOF!, Cases: Section 1717

The Feeling Is Mutual      Concerned Citizens of South Central Los Angeles v. City of Los Angeles, Case No. B240301 (2d Dist., Div. 5 Jan. 14, 2013) (unpublished) demonstrates the reciprocity applicable to contractual fee clauses under Civil Code section 1717. It also demonstrates the POOF! principle applicable to results that are reversed on appeal.

Homeowner Associations: Fifth District Publishes Portion Of Grossman Decision Saying Mandatory ADR Fee Expenses Are Recoverable

Cases: Homeowner Associations

  Partial Publication Order Issued on January 16, 2013.      In our December 19, 2012 post, we discussed Grossman v. Park Fort Washington, an unpublished Fifth District decision holding in a HOA-homeowner battle, among other things, that fees expended by a prevailing party on mandatory ADR efforts in these types of disputes are recoverable. We

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