Author name: Marc Alexander

Appealability/Family Law: $1,000 Sanctions Order Appeal Was Dismissed Because Correct Course Was Appeal From Final Judgment

Cases: Appealability, Cases: Family Law

  Appeal Was Premature.      In Marriage of Garcia, Case No. B231782 (2d Dist., Div. 3 June 1, 2012) (unpublished), ex-wife appealed from a $1,000 “sanctions” order under Family Code section 2107(c), which does allow for imposition of attorney’s fees for a family law litigant not complying with family law provisions. (Apparently, she failed to […]

Pending Cases: U.S. Supreme Court To Determine If Prevailing Defendant Can Be Awarded Costs Against Losing Plaintiff In FDCPA Case

Cases: Cases Under Review, Cases: Costs

  FRCP 54(d) Was Basis For the Cost Award in Tenth Circuit Decision.      On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit’s decision in Marx v. General Revenue Corp., U.S. No. 11-1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney’s fees) against

Requests For Admissions: Appellate Remittitur Required Separate Consideration Of Post-Appeal Consideration Of Appellate Fees, Not Just Remand Fee Issues

Cases: Requests for Admission

  Appellate Follow-up to Earlier Appeal Surveyed in Our September 2, 2010 Post.      In our September 2, 2010 post, we surveyed Simon v. Coleman (Simon I), reversing and remanding for consideration attorney’s fees to be awarded for “costs of proof” sanctions under Code of Civil Procedure section 2033.420. Clearly, the defense was going to

Requests For Admissions/Section 1717/Specific Fee Shifting Statutes: Property Owner Obtaining Cancellation Of Grant Deed For Fraud Not Entitled to Attorney’s Fees Recovery

Cases: Requests for Admission, Cases: Section 1717, Cases: Special Fee Shifting Statutes

  Three Grounds for Recovery Did Not Support Request.      Property owner in Marchi-Friel v. Rago, Case No. A130125 (1st Dist., Div. 4 May 31, 2012) (unpublished) did obtain cancellation of a fraudulent grant deed, with the trial court also cancelling related promissory notes out of an abundance of caution. She then sought recovery of

Private Attorney General: Hospital Psychiatrist Technician Beating A Medical Demotion In Administrative Decision Affirmed In Unpublished Decision Not Entitled To CCP § 1021.5 Fee Recovery

Cases: Private Attorney General (CCP 1021.5)

  Her Financial Stake and Lack of Benefit to a Large Class Were Reasons Why.      Hospital psychiatrist technician, who won an administrative reversal of a medical demotion, also won an appeal in an unpublished decision upon a review requested by the Department of Medical Health. She then sought fees and costs totaling $75,000, even

Lodestar/Multiplier/Postjudgment Enforcement Interest: Published Decision Considers When Interest Runs On California State Fee Awards

Cases: Interest, Cases: Lodestar, Cases: Multipliers

  Also Rejects Application of Perdue v. Kenny A. To State Cases Involving Lodestar Multipliers.      Khazan v. Braynin, Case No. A128536 (1st Dist., Div. 4 May 30, 2012) (certified for partial publication; fee interest issue published) is an interesting decision that has a scholarly discussion on when interest begins to run on a fee

SLAPP/Substantiation Of Fees: $5,705 SLAPP Fee Recovery Falls Within The Collateral Order Exception To Appealability

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

       In City of Colton v. Singletary, Case No. E052377 (4th Dist., Div. 2 May 30, 2012) (certified for publication), cross-defendant was granted a SLAPP motion on two counts of a cross-complaint brought by City, eventually awarded $5,750 in fees and $80 in costs.      City appealed, with the appellate court discussing several SLAPP

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