Author name: Marc Alexander

Trade Secrets: $39,593.87 Fee Award To Defendant, After Case Voluntarily Dismissed By Plaintiff Without Prejudice, Reversed Under Uniform Trade Secrets Act Case

Cases: Trade Secrets

  Plaintiff’s Case Was Not Objectively Specious, Requiring an Overturn of Fee Award.      Under the Uniform Trade Secrets Act (UTSA), Civil Code section 3426.4 permits a trial court to award reasonable attorney’s fees and costs to a prevailing party if it determines that a UTSA claim has been made in “bad faith,” which has […]

Deeds Of Trust: Borrowers Subject To Improper “Dual Tracking” Can Now Obtain Attorney’s Fees In Addition To Damages/Penalties Under Homeowner Bill Of Rights Effective January 1, 2013 Against Certain Foreclosing Lenders

Cases: Deeds of Trust, In The News, Legislation

       Co-contributor Marc noticed a somewhat chilling story about borrowers who successfully won a fraudulent “dual tracking” case against OneWest Bank. (“Dual tracking” is the nomenclature for the practice by which some lenders simultaneously pursued foreclosure remedies while attempting loan modification negotiations with borrowers.)      According to an October 31, 2012 story in the

Appealability: Losing Party’s Failure To Appeal Separate Fee Order, Where Court Made Clear Fees Was Separate Issue, Doomed Further Review

Cases: Appealability

  Failure to Provide Fee Motion Papers and Reporter’s Transcript of Fee Motion Clinched the Affirmance.      Goesch v. Hennagan, Case No. H037259 (6th Dist. Oct. 31, 2012) (unpublished), authored by Justice Elia on behalf of a 3-0 panel, is another stark reminder of two important points necessary to preserve appellate jurisdiction/review: (1) appeal from

Probate: Trustee Not Entitled To Attorney’s Fees In Contest Regarding Trust’s Responsibilities To Pay Beneficiary’s Living Expenses

Cases: Probate

  Cited Probate Code Sections 2622.5, 11003, and 17211 Did Not Provide Fee Entitlement.      Dohr v. Lintz, Case No. G046091 (4th Dist., Div. 3 Oct. 31, 2012) (unpublished), authored on behalf of a unanimous panel by Acting Presiding Justice Rylaarsdam, shows that a fee claimant needs to have a firm fee entitlement basis in

Fee Clause Interpretation/Section 1717: Broadly Worded Fee Clauses In Loan Documents And Guaranties Allowed Bank Entitlement To Substantial Fee Recovery

Cases: Fee Clause Interpretation, Cases: Section 1717

  “Touching Upon” Language Found Especially Persuasive.      Case law under Civil Code section 1717 allows for recovery of fees on a contract claim, and is augment by cases applying Code of Civil Procedure section 1021 if the contractual fees clauses are broad enough to encompass tort claims. Bank, a prevailing cross-defendant below on certain

Arbitration/Class Action: Attorney Failing To Arbitrate, Litigate, Or Appeal Was Not Entitled To Arbitrator Allocation Of Fees In Class Action Case

Cases: Arbitration, Cases: Class Actions

  Moral of the Story …. Be Careful What You Ask For (Or Don’t Ask For).      Here is a very interesting arbitration/litigation saga about attorneys and clients bickering over how to divide class action attorney’s fees. It also shows an objecting attorney that you better be careful how you proceed (and the objecting attorney

Requests For Admissions/Section 1717: Plaintiff Suing Under Breach Of Promissory Note And Fraud Suffers $41,117 Apportioned Adverse Fee Award Under Civil Code Section 1717, Affirmed on Appeal

Cases: Requests for Admission

  Denial of RFA Costs-of-Proof Sanctions to the Defense Also Sustained.      Both sides of the litigation in Terry v. Myers, Case Nos. B216925/B220128 (2d Dist., Div. 3 Oct. 29, 2012) (unpublished) probably went away very unhappy with the results of the Civil Code section 1717 fee award and the refusal to award costs-of-proof sanctions

Family Law: Second Appeal Is Not A Charm For Husband

Cases: Family Law

  $70,000 Needs-Based Award Affirmed So Wife Can Prepare for Trial.      Husband, in a prior appeal, did not convince the appellate court to overturn a $200,000 needs-based fees award in favor of wife. He didn’t in a second appeal of a $70,000 fees award made to wife so she could prepare for a 7-day

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