Author name: Marc Alexander

Civil Rights/Special Fee Shifting Statute: Attorney’s Lack Of Credibility About Claim Filing Justified CCP § 1021.7 Fee Award Against His Client

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

  Both Prongs of Disjunctive Section 1021.7 Elements Satisfied Here.      Code of Civil Procedure section 1021.7 is a special-fee shifting provision which allows defendants in a peace officer damages action to recover reasonable attorney’s fees in the court’s discretion upon a finding “that the action was not filed or maintained in good faith and […]

In The News . . . . Kim Kardashian’s Attorney In Kris Humphries Divorce Says Her Firm Already Has Spent $250,000 On The Case

Cases: Celebrities, In The News

  Divorce “Boondoggle” Likely Will Not End Until Sometime in 2013.      As reported today by Timothy Mangan in the “People” section of The Orange County Register, Kim Kardashian’s attorney told a judge in the Kris Humphries divorce action that her firm had already spent $250,000 on the case in the wake of Mr. Humphries’

Section 1717: Tenant Losing Post-Unlawful Detainer Proceeding Against Landlords Suffers Adverse Fee Award Based On Broad Contractual Fees Clause

Cases: Landlord/Tenant, Cases: Section 1717

  Unlawful Detainer Judgment Was Res Judicata, and Fees Clause Was Broad.      Howard v. Champion, Case No. B234337 (2d Dist., Div. 4 Aug. 15, 2012) (unpublished) is a situation where landlords won a prior unlawful detainer judgment for possession and back rent against tenant, winning a summary judgment where the U.D. judge indicated there

Prevailing Party/Section 1717: Defendants Winning Loan Litigation Based On Statute Of Limitations Entitled To Fee Recovery As Prevailing Parties

Cases: Prevailing Party, Cases: Section 1717

  $25,675 Was Awarded in Favor of Winning Defendants.       Plaintiffs, suing on a loan agreement with a fees clause, lost on statute of limitations (time bar) grounds to defendants in Hale v. Adams, Case No. B234826 (2d Dist., Div. 4 Aug. 14, 2012) (unpublished). Defendants then moved for and recovered $25,675 in attorney’s fees

SLAPP: $19,816.66 In Fees/Costs Awarded To Partial SLAPP Winner Affirmed

Cases: SLAPP

  Breach of Contract SLAPP Win Validated Fees, Given That This Win Also Resulted In Ultimate Adjudication of Compelling Arbitration Claim in Favor of Winner.      Sahlolbei v. Montgomery, Case No. E053031 (4th Dist., Div. 2 Aug. 14, 2012) (unpublished) is an interesting procedurally-driven case where plaintiff sued defendant for breaching a settlement agreement and

Requests For Admissions: $235,800 Costs-Of-Proof Sanctions Award In Favor Of Four Plaintiffs Sustained On Appeal

Cases: Requests for Admission

  No Motion to Compel Needed; No Abuse of Discretion in Ultimate Award.      Burow v. JTL Development Corp., Case No. B232529 (2d Dist., Div. 6 Aug. 13, 2012) (unpublished) involved the requests for admissions costs-of-proof sanctions statute found at Code of Civil Procedure section 2033.420.      There, in a soil construction defect case, defendants

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