Reduction Of Lodestar In Half Was An Abuse Of Discretion Based Principally On Limited Success Analysis By Lower Court. In Iloff v. LaPaille, Case No. A164651 (1st Dist., Div. 1 July 26, 2023) (unpublished), plaintiff obtained an award of $19,341—about a third of his ask and less than the amount awarded by the Labor […]
Plaintiff Did Obtain Compensatory Damages On Other Claims, But No Need To Award Other Fees Where Plaintiff Did Not Prevail On The Swimming Pool Claims. In Lee v. Cardiff, Case No. A163817 (1st Dist., Div. 1 July 13, 2023) (unpublished), plaintiff brought claims relating to a swimming pool/spa and other constructions claims. Plaintiff did
The Article Is Entitled Mediator Settlement Proposals: A Perspective. Co-contributor Marc has written an article on an "off topic." The article, published in the July 2023 issue of Advocate, can also be read here: Download Alexander-July23-article Marc serves as a mediator and is affiliated with ARC/Alternative Resolution Centers. He can be contacted at
Cannabis Cultivation On Residential Property Was The Factual Backdrop. Governmental authorities may receive an award of attorney’s fees and costs for abating property nuisances under both state statutes and municipal ordinances, in this case Government Code section 25845(b), (c) and Riverside County Ordinance No. 725. The County obtained summary judgment against a property owner
Cross-Complainant Obtained An $88,130.06 Net Recovery, Such That A Subsequent $90,013 Prevailing Party Fee Determination Was No Abuse Of Discretion. In VanLaw Food Products, Inc. v. New England Counry Foods, LLC, Case No. G061375 (4th Dist., Div. 3 July 6, 2023) (unpublished), plaintiff received $27,441.25 under its complaint, and cross-complaint received $115,571.31 on its
Santisas (Our Leading Case #6) Dictated The Result. In Rubin v. Cho, Case No. A165667 (1st Dist., Div. 5 July 6, 2023) (unpublished), close to trial, plaintiff dismissed a breach of contract complaint alleging the seller of a house failed to disclose all known material facts and defects affecting the property and make other
Broad Contractual Dispute Resolution Clauses Supported The Appellate Results. As we have said many times in this category, arbitration awards—unless against public policy—are hard to overturn because the merits of the award are usually not subject to rescrutiny by trial or appellate courts. Also, the emerging trend is that post-arbitration court proceedings fees are
Lower Court Already Reduced Fee Request; This Initial Reduction Did Not Lead To The Conclusions That A Denial In Entirety Of Fees Or Further Reductions Were Required. Plaintiff prevailed in a contractual breach claim against a municipality in Air Combat USA v. City of Fullerton, Case Nos. G059914 et al. (4th Dist., Div. 3
Lots Of Moving Parts Here, But The Remand For Environmental Parties Is Not An Automatic Endorsement Of Receiving 1021.5 Fees. City of San Clemente v. Department of Transportation et al., Case No. E077153 (4th Dist., Div. 2 June 29, 2023) (published) arose out of the Corridor Agency’s approved extension of State Route 241 (known
Appellate Court Was Bothered By Inconsistent Reasoning And Use Of Selective Evidence While Finding Appellant’s Proof Was Not Credible In Entirety. In Swan v. Hatchett, Case Nos. A163825 et al. (1st Dist., Div. 4 June 29, 2023) (published), the lower court refused to consider ex-husband’s evidence as uncredible in child support modification and Family
