Author name: Marc Alexander

Arbitration/Consumer Statutes: Waiver Of Attorney’s Fees Recovery In Residency Arbitration Provision Was Against Public Policy

Cases: Arbitration, Cases: Consumer Statutes

  Fee-Shifting Provision in Elder Abuse Law Vetted An Important Public Policy.      The Fifth District in Bickel v. Sunrise Assisted Living, Case No. F062443 (5th Dist. May 21, 2012) (certified for publication) involved a plaintiff suing defendant assisted living facility for elder abuse. Plaintiff entered into a residency agreement with an arbitration clause, with […]

SLAPP: $120,000 SLAPP Fee Recovery By Defense Affirmed On Appeal After Plaintiff Mall Owner Dismissed Complaint Voluntarily Before SLAPP Motion

Cases: SLAPP

  Owner’s Actions Belied Its Faith In The Merits Of Its Case.      The Retail Property Trust v. Orange County People For Animals, Case No. G045556 (4th Dist., Div. 3 May 18, 2012) (unpublished) is an interesting decision affirming a $120,000-plus attorney’s fees award against the defense after a Brea mall owner voluntarily dismissed a

In The News . . . . Malpractice Cases On The Rise, Lots Of Mergers/Major U.S. Firm Partnership Profits Up, And Alternative Billing Arrangements Increase

In The News

       Co-contributor Mike’s father-in-law Tom Basehart keeps his eye in the news on articles of interest for the blog. So, with our thanks to him, here are some gems culled from the recent clippings. Malpractice Trends:  Up.      As reported in a February 6, 2012 article in The Wall Street Journal, several legal malpractice

Arbitration: Parties Waived Right To Return To Arbitration When Failing To Reach A Resolution With Other Parties On Payment Of Nonpaying Parties’ Portion Of Arbitrator Fees

Cases: Arbitration

       In Cinel v. Christopher, 203 Cal.App.4th 759 (2012), the Second District, Division 1 affirmed a trial court’s order refusing to confirm as an award the arbitrator’s termination of the action for nonpayment of fees of several of the defendants. One party returned to the trial court to compel arbitration, arguing he had paid

Homeowners Associations: HOA Garners About $140,000 In Fees And Costs Against Homeowner Bringing Frivolous Challenge To Board of Director Election

Cases: Homeowner Associations

  Civil Code Section 1363.09(b) Was One Basis For Award.      Lingle v. Quail Ridge Residential Assn., Case No. A129505 (1st Dist., Div. 4 May 17, 2012) (unpublished) is a case where an HOA prevailed against a homeowner challenging conduct resulting in the election of HOA’s board of directors. Unfortunately for homeowner, the lower court

Section 998 Two-Fer: One Case Reverses Costs Award Due To Failure To Include Acceptance Acknowledgment And Second Decision Finds Inadequate Record To Overturn Determination That Offer Was Reasonable/In Good Faith For Costs-Shifting Purposes

Cases: Section 998

  #1: Molle-Johnson v. Anderson, Case No. B228321 (2d Dist., Div. 6 May 17, 2012) (Unpublished).      In this one, defendant was awarded costs against plaintiff who rejected prior 998 offers of $50,000/$100,000 but was only awarded $2,331 in compensatory damages in a car accident case. This one had to be reversed because the 998

Appealability: Appellate Court Refuses To Reach Merits Because No Reporter’s Transcript Of Hearing Provided

Cases: Appealability

  Forfeiture Was the Result      Although not dealing directly with an attorney’s fees motion, Suydam v. DirectTV, Inc., Case No. B234887 (2d Dist., Div. 5 May 15, 2012) (unpublished) reminds all appellants or practitioners representing appellants to include reporter’s transcripts of personal proceedings or suitable substitutes in the record on appeal. The failure to

Scroll to Top