Author name: Marc Alexander

Attorney’s Fees Trifecta: Fee Clause Interpretation, Family Law Child Order Fees, And SLAPP Fees Dominate In Trio Of Unpublished Decisions

Cases: Family Law, Cases: Fee Clause Interpretation, Cases: SLAPP

  Mossman v. Naranjo, Case No. D059054 (4th Dist., Div. 1 Sept. 18, 2012) (Unpublished)–CAR Form Real Estate Contract Covers Fees Won For Real Property Nondisclosure Claims.      Plaintiffs/buyers won fraud-based claims for property nondisclosures from defendants/sellers, but defendants won the contract based claim. The lower court denied fees to both parties, finding no prevailing […]

Allocation/Secetion 1717: Unity Of Interest Principle Questioned, With One Party Correctly Denied Fees But The Other Did Get An Unqualified Win And A Remand On Fee Determination

Cases: Allocation, Cases: Section 1717

  Denied Winner’s Fee Request Remanded For Apportionment.      Zintel Holdings, LLC v. McLean, Case No. B236139 (2d Dist., Div. 7 Sept. 18, 2012) (published) was an interesting lease slugfest where landlord lost its complaint against long-term tenants (son and mother) and mother lost her retaliatory harassment cross-complaint seeking independent damages on cross-motions for summary

Requests For Admissions: Trial Court Properly Denied Costs-Of-Proof Sanctions Where Defendant Obtained Post-Trial Medical Opinion That Seizure Might Have Led To Car Accident

Cases: Requests for Admission

  Fact That Seizure Theory Never Told Until After Suit Filed Was Not Determinative.      In Mulhern v. Dungan, Case No. C066731 (3d Dist. Sept. 17, 2012) (unpublished), defendant denied two requests for admissions acknowledging negligence in a car accident with plaintiff. After this accident, defendant apparently was in another rear ender after which a

Multipliers/Interest On Fee Awards: Khazan III Comes Down, Affirming Trial Court Award Of Lodestar And Multiplier

Cases: Interest, Cases: Multipliers

  Appellate Court Dismisses Applying Perdue in California State Court Cases and Affirms that Interest Ran From Date of Remanded New Fee Determination.      In our March 31, 2009 post, we extensively discussed Khazan v. Braynin (Khazan II), an unpublished appellate court decision where the First District, Division 4 remanded a fee award because it

Appeal/Equity: Partition Litigant Denied Attorney’s Fees By Receiver Is Rebuffed By Failure To Provide Adequate Appellate Record

Cases: Equity

  Aside from That, His Argument Not Properly Supported and No Error Established.      A partition litigant denied $28,760.50 in requested attorney’s fees by a receiver did not help himself on appeal in Tacherra v. Tacherra, Case No. A133677 (1st Dist., Div. 2 Sept. 12, 2012) (unpublished). Why? He committed three sins in his appellate

Mediation/Reasonableness Of Fees: Defendants’ Refusal To Mediate Satisfied CAR Contract Mediation Provision/Wife Held Liable For Fees Incurred To LIft Stay In Husband’s Bankruptcy And In Demurring To His Subsequent State Court Cross-Complaint

Cases: Mediation, Cases: Reasonableness of Fees

Frei v. Davey Controlled.      Judge Ikola, in a 3-0 opinion in Aaron v. Faraj, Case No. G046457 (4th Dist., Div. 3 Sept. 6, 2012) (unpublished), dealt with a defendant wife’s claims that she was improperly assessed with attorney’s fees because (1) plaintiff did not satisfy the mediation condition precedent to fee recovery contained in

Appeal: Failure To Provide Adequate Record Forfeited Challenge To Fee Award

Cases: Record

  Party Failed to Provide Record Establishing an Assignment.       Ybarra v. Ready Products Corp., Case No. E053406 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) is yet another reminder to make sure you present an adequate record on appeal. Here, defendants challenged they were not parties to a note for fee recovery purposes, which

Deadlines/Fee Clause Interpretation/Prevailing Party/Reasonableness Of Fees: Reciprocal Easements Agreement With Broad Fees Clause Justifies Fully Requested Fee Award Of $82,145.50

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Reasonableness of Fees

  Timeliness, Nonsignatory, Prevailing Party, and Reasonableness Arguments All Rejected on Appeal.      Jones v. Ju, Case No. E053266 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) involved a real property successor owner who knew about a reciprocal easements agreement but forced one of the adjoining owners to get a declaratory relief judgment on its

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