Author name: Marc Alexander

Insurance: Insured Had Incentive To Keep Costs Reasonable When Duty To Defend Dispute Occurred And Insurer Internal Billing Guidelines Not Contained In Policy Cannot Steer Fee Reasonableness Determination

Cases: Insurance

  U.S. District Judge So Rules in N.D. Illinois Decision.      We thank our friends at NALFA for calling the next decision to our attention (as posted on in their Attorney Fee Blog).      In Philadelphia Indemnity Ins. Co. v. Chicago Title Ins. Co., USDC, N.D. Ill. Case No. 09 C 7063 (June 10, 2012), […]

In The News . . . . Brea Wins Ballot Measures T and U Dispute, But Has Spent Close To $80,000 In Defense Of Suit Brought By City Council Candidate Steve Vargas

In The News

       As reported by Lou Ponsi in the October 26, 2012 online issue of The Orange County Register, Brea City Council candidate Steve Vargas brought a suit challenging the city clerk’s alleged omission in allowing attribution of oppositions to two ballot measures to the entire city council rather than just two city councilmen who

Unlicensed Contractors: Landowner Using Unlicensed Contractor To Cut Trees Cannot Be Vicariously Liable For Fee Recovery Under CCP § 1029.8

Cases: Unlicensed Contractors

  $50,148 Fee Award Gets Reversed.      Code of Civil Procedure section 1029.8(a) authorizes a fee award against an “unlicensed person who causes injury or damage to another person as a result of providing goods or performing services for which a license in required.” The next case explored whether fee recovery could be had not

Costs/Billing Record Substantiation: Unredacted Billing Records Adequately Described Services

Cases: Billing Record Substantiation, Cases: Costs

  However, Failure to File Costs Memorandum Meant $80,758.75 Costs Award Went Away.      In Bustamante v. T.O. IX, LLC, Case No. B241233 (2d Dist., Div. 6 Oct. 25, 2012) (unpublished), plaintiffs lost a real estate purchase fraud case against defendants, with the purchase contract containing a fees clause. A judicial referee awarded attorneys fees

Costs/Deadlines/Eminent Domain: Defendant Condemnee’s Failure To Timely File Costs Memorandum Was Fatal For Recovery Of Appellate Costs

Cases: Costs, Cases: Deadlines, Cases: Eminent Domain

  Also, U.S. Supreme Court Brief Printing Costs Cannot Be Awarded as Costs By State Courts.      Defendant condemnee was allowed the opportunity, after a prior appeal, to seek costs under Code of Civil Procedure section 1268.720, a statutory provision allowing appellate costs in an eminent domain proceeding in the court’s discretion (Los Angeles Unified

Section 998: Inconsistent Language In 998 Offer Foiled Winning Plaintiff’s Attempt To Recover Post-Offer Costs Along With Lump-Sum, Unallocated Nature Of Offer

Cases: Section 998

  $129,701 In Taxed Costs Was the Result.      The next case is somewhat of a chilling reminder to carefully word CCP § 998 offers, making sure the offer/acceptance sections are consistent and insuring that the offeror is covering how fees and costs are to dealt with if the offer is accepted. Also, offers must

Appealability/Appeal Sanctions: Failure To Provide Adequate Record Doomed Challenge That Fees Should Have Been Awarded

Cases: Appeal Sanctions, Cases: Appealability

  Appeal Sanctions Denied Because No Declaration Filed to Support Fee Request.      Preserving claims for trial court error depends on raising the argument below and providing an adequate record to the appellate court. Violation of either principle likely means an appeal will be unsuccessful. Likewise, with respect to appeal sanctions, one must follow the

POOF!/Prevailing Party: Partial Reversal Of Result In Landscape Easement Agreement Dispute Means $146,000 Fees/Costs Award Goes POOF!

Cases: POOF!, Cases: Prevailing Party

  On Remand, Reversal Might Mean that No One Prevailed or Even Other Side Prevailed.      Where one side prevails across the board and obtains a fees/costs award, reversal on an important issue will usually overturn the entire award because the prevailing party determination might be different–either no side prevailed or even the original loser

Civil Rights: Fee/Costs Award Against Losing § 1983 Plaintiff Vacated Because Civil Rights Claims Were Not Frivolous In Nature

Cases: Civil Rights

  Ninth Circuit Affirms § 1983 Defense Summary Judgments, But Does Not Find Plaintiff’s Claims Were Groundless, Without Foundation, Frivolous, or Unreasonable in Nature.      42 U.S.C. § 1988 has a tough standard for prevailing defendants to hurdle in order to gain attorney’s fees recovery against a losing plaintiff in a § 1983 civil rights

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