Author name: Marc Alexander

Appealability/Mediation: Because Promissory Note With Fees Clause Had No Contractual Mediation Condition Precedent, So No Mediation Had To Be Held Before Commencement Of Suit

Cases: Appealability, Cases: Mediation

  Fees Not Based on Listing Agreement With Mediation Clause Affirmed on Appeal.      Sometimes it all depends on the contractual agreement under which you are awarded attorney’s fees.      We have done some recent posts on the mediation condition precedent which can disqualify fee recovery depending on whether it is not pursued before commencement […]

Appealability/SLAPP: Fourth District, Division 3 Finds Failure To Appeal SLAPP Fee Grant Order Meant No Jurisdiction To Consider Fee Order

Cases: Appealability, Cases: SLAPP

  Fee Award Also Correct on the Merits      In Martin v. Inland Empire Utilities Agency, 198 Cal.App.4th 611, 632-633 (2011) [reviewed in our August 20, 2011 post], an appellate court found it had no jurisdiction to review the denial of a SLAPP fee request because no appeal had been separately taken from the fee

In The News . . . . 10th Circuit Reverses Civil Rights Fee Award Of $8,000 Based On Terse Explanatory Opinion By District Judge And Occupy Fresno Gains $37,500 In Forma Pauperis Fees In Settling Constitutional Challenges to Fresno County Ordinance Rules A

In The News

  First Amendment Prevailing Plaintiff Entitled to More Than $8,000, Although Jury Verdict Slight, But Not Requested $503,000 Given He Lost Several Claims.      John Ingold, in a June 8, 2012 post on denverpost.com, tells about a recent Tenth Circuit decision of interest in the fee award area.      In Zinna v. Congrove, No. 10-1482

Mediation: Defense Claiming Fee Recovery Under CAR Form Contractual Clause Cannot Refuse Mediation Based On Plaintiff’s Initiating Suit Without Previously Requesting Mediation or Based on Plaintiff’s Purported Need For Further Discovery

Cases: Mediation

  Defense Award of Fees Is Reversed, Because Alternative Phrasing of CAR Form Clause Means Defense Must Attempt to Mediate Or Be Disqualified From Fee Recovery After Plaintiff’s Request for Mediation.      Okay, folks, in Frei v. Davey, 124 Cal.App.4th 1506 (2004), our local appellate court (authored by Justice Fybel) considered the CAR form contractual

Appealability/Reasonableness Of Fee Double: Failure To Appear At OSC Waived Appellate Challenge To Fees And Trial Court Did Provide Reasonable Explanation For Fee Award

Cases: Appealability, Cases: Reasonableness of Fees

  Marriage of Howard, Case No. H036510 (6th Dist. June 6, 2012) (Unpublished).      In this one, ex-husband waived any challenge to a $16,162 fee award because he failed to appear at an OSC and oppose the request. This was found to be a forfeiture based on his failure to object to the an error

POOF!/Family Law Two-Fer: Reversal Means $107,560 Fee Award Goes Away And $50,000 Needs/Sanction Award Against Husband Hiding Finances Sustained

Cases: Family Law, Cases: POOF!

  Apex LLC v. Sharing World, Inc., Case No. G045321 (4th Dist., Div. 3 May 31, 2012; Posted June 5, 2012) (published).      Justice Fybel, on behalf of a 3-0 panel of our local appellate court, reversed bench trial results in an opinion involving many UCC issues, such as gap fillers for contract formation, confirmation

Fee Clause Interpretation/SLAPP/Sanctions: 25% Contractual Fee Recovery-Capped Clause For Prosecuting Activities Held Not To Apply To Defense Activities

Cases: Fee Clause Interpretation, Cases: Sanctions, Cases: SLAPP

  Also, Sanctions Against Attorney Upheld Under CCP § 128.7, But Not SLAPP Statute.      ASAP Copy and Print v. Ringgold, Case Nos. B224295/B225702 (2d Dist., Div. 7 June 4, 2012) (unpublished) was an incredible donnybrook over a fairly minor dispute involving a photocopier lease/maintenance agreement. The amount of time, trouble, and fees that is

Private Attorney General/Reasonableness Of Fees: $382,189.73 Fee Award To CEQA Winners, Including Attorney Who Represented Herself, Was Proper Under CCP § 1021.5 Because Trope Prohibition Did Not Apply

Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

  $300/Hour Is Reasonable Rate for Sonoma Practitioners.      Healdsburg Citizens For Sustainable Solutions v. City of Healdsburg, Case No. A130374 (1st Dist., Div. 4 June 4, 2012) (certified for partial publication; 1021.5 Trope fee discussion published and rest unpublished) involved the City’s appeal of $382,189.73 in fees awarded to CEQA winners, including an attorney

Arbitration/Prevailing Party: $37,500 Interim Contract Fee Award Sustained Despite The Fact There Was No Final Judgment At Fee Award Time

Cases: Arbitration, Cases: Prevailing Party

  Difference Between This and Frog Creek: Final Award Occurred After Interim Fee Award, So There Was Finality.      On May 27, 2012, we reported on the First District, Division 5’s published opinion in Frog Creek Partners, LLC v. Vance Brown, Inc., 2012 Cal.App. LEXIS 625 (2012), where the appellate court concluded that the trial

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