Author name: Marc Alexander

Section 1717: No Bank Exposure For Alter Ego Fee Recovery Where Judgment On Debt Obtained Years Earlier Such That Documents With Fee Clauses Were No More

Cases: Section 1717

  Procedural Posture of Prior and Later Proceedings Was Determinative.      One of the leading attorney’s fees cases in California under Civil Code section 1717 is Reynolds Metals Co. v. Alperson, 25 Cal.3d 124, 129 (1979), where the California Supreme Court found that two individual shareholders claimed to be the alter egos of a bankrupt […]

Employment/Costs/Reasonableness Of Fees: Winning Plaintiff Did Get Lost Wage Attorney’s Fees, But Only $60,000 Out Of Requested $260,817.50

Cases: Costs, Cases: Employment, Cases: Reasonableness of Fees

  Costs Taxed for Korean Interpreters and Discovery Referee Expenses.      Plaintiff, an ex-employee, did win compensatory and some punitive damages from his former employer, doing so through a complaint that included a lost wage claim. Winner then requested $260,817.60 in attorney’s fees under Labor Code section 218.5, a pro-plaintiff lost wage fee-shifting statute, and

Section 1717/Section 998: “Pocketbook” Considerations Should Not Factor Into Civil Code Section 1717 Contractual Fee Award

Cases: Section 1717, Cases: Section 998

  Failure to Award 998 Offer Costs Reversed, Including Refusal to Compensate For Excluded Expert Testimony Whose Admissibility Was Uncertain, But Maybe Necessary. Above:  Pocketbook considerations.  1942.  Arthur S. Siegel, photographer.  Library of Congress.      Here is an interesting one that we predict will engender some interesting discussion on at least the main published Civil

Fee Clause Interpretation: Broad Fees Clause In LLC Documents Did Allow For Fee Recovery

Cases: Fee Clause Interpretation

  $214,189.50 Fee Award and $10,450.33 In Costs Was the Final Tally.      For whatever it is worth, transactional attorneys drafting California limited liability company documents seems to include very broadly worded attorney’s fees clauses–covering “any dispute” or “any action at law, suit in equity or arbitration proceeding relating to this Agreement.” Well, good for

Costs: Ninth Circuit Clarifies Cost-Shifting Under 28 U.S.C. § 1919 Where Suit Is Dismissed For Lack Of Jurisdiction

Cases: Costs

  Equitable, Case-By-Case Approach Prevails, With Substantial Costs Award Going Bye-Bye.      Here is how this opinion began: “Given the complexities of litigation and the escalating magnitude of attorneys’ fees, it is no surprise that appellate review of attorney’s fees and costs has focused overwhelmingly on fees. [Parenthetical–yep, reason for this blog.] Nonetheless, costs also

Homeowner Associations/Mediation/Substantiation Of Fees: Homeowner Hit With Fee Recovery For Failing To Satisfy Mediation Condition Precedent In Settlement Agreement With HOA

Cases: Homeowner Associations, Cases: Mediation, Cases: Substantiation of Reasonableness of Fees

  $58,212 Was the Fee Price Tag for Noncompliance With Mediation Condition Precedent.      Usually, we see what happened in the next case occurring instead under California Association of Realtor (CAR) sale/purchase form contracts, which have attorney’s fees clauses that are conditioned upon one or both parties attempting to mediate a dispute before resorting to

Arbitration/Costs/Res Judicata/Retention Agreements: Fee Award Against Losing Party In Arbitration Not Binding On Attorney-Client In Subsequent Quantum Meruit Lawsuit

Cases: Arbitration, Cases: Quantum Meruit, Cases: Retainer Agreements

  However, Attorney Did Prevail in Lawsuit, So Costs Should Have Been Awarded.      Attorney sued a former client in a dispute over attorney’s fees for services provided in an arbitration. Attorney, who replaced another attorney in an owner-contractor construction defect dispute, did win a $1,034,297, plus $40,125 attorney’s fees, award from an arbitrator, although

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