Author name: Marc Alexander

Reasonableness Of Fees: Over 20% Reduction In Requested Fees Established Reasonableness Of Trial Court Award Under Civil Code Section 1717

Cases: Reasonableness of Fees, Cases: Section 1717

  After All, When Initial Loser Became the Eventual Winner, Eventual Loser’s Fees Showed Eventual Winner’s Request Not All That Bad.      Bioquest Venture Leasing v. VivoRx Autoimmune, Inc., Case No. B225195 (2d Dist., Div. 7 Feb. 22, 2012) (unpublished) is one of those procedurally convoluted cases where plaintiff initially won and was awarded attorney’s […]

Special Fee Shifting Statute: Contractor’s Failure Of Proof On Prompt Penalty Violation Claim Doomed Effort To Collect Fees As Statutory Penalty

Cases: Special Fee Shifting Statutes

  Court of Appeal Followed Logic of Hinerfeld-Ward Decision.      In Center Circle Constr. Corp. v. 652 Chautauqua, LLC, Case No. B226279 (2d Dist., Div. 3 Feb. 22, 2012) (unpublished), contractor prevailed at trial, but did not prevail on a prompt payment statute violation that payments were wrongfully withheld. The trial court determined that contractor’s

Equity/Judgment Enforcement: Appellate Court Discusses Fee Recovery From Injunction Bonds And Mandatory Nature Of Fees For Judgment Creditors’ Failures To Acknowledge Satisfactions Of Judgments

Cases: Equity, Cases: Judgment Enforcement

  Unpublished Decision Takes on Issues in Post-Judgment Phase of Case.      Although really an abuse of discretion/substantial evidence case on appeal, Terzian-Feliz v. Ajamian, Case No. A128900 (1st Dist., Div. 4 Feb. 21, 2012) (unpublished) does discuss several important principles relating to injunction bonds and post-judgment enforcement procedures.      First, recoverable attorney’s fees are

Special Fee Shifting Statute: Restaurant Chain Owners Lost Copyright Infringement Battle, With Ninth Circuit Affirming Litigation Result And Fee Award To Winning Plaintiffs

Cases: Special Fee Shifting Statutes

  $36,000 Infringement Win Was Hardly the “Sting”–But $162,728.22 Adverse Fee Award Was.     The Copyright Act gives district courts a wide latitude to exercise equitable discretion in awarding attorney’s fees to prevailing parties in copyright infringement cases. 17 U.S.C. § 505; Entm’t Research Grp., Inc. v. Genesis Creative Grp., Inc., 122 F.3d 1211, 1229

Retainer Agreements: Law Firm Did Not Have To File Court Action To Compel Arbitration After Demanding Contractual Arbitration Under Retainer Before Client Had Formally Refused To Arbitrate, Following Nonbinding MFAA Award In Favor Of Client

Cases: Retainer Agreements

  Retainer Contractual Arbitration Remedy Enforced By Appellate Court.      Greenberg Glusker Fields Claman & Machtinger LLP v. Rosenson (2d Dist., Div. 5 Feb. 15, 2012) (certified for publication) involved a retainer agreement between a law firm and client providing for binding arbitration of fee disputes. Within 30 days of a nonbinding arbitration award under

In The News . . . . California State Assembly Fee Expenditures In Losing A California Public Records Act Case Brought By The Press Revealed

In The News

  $200,000 in Fees is the Approximate Tally.      As reported by Jim Sanders in a February 15, 2012 article in The Orange County Register, the state Assembly has spent close to $200,000 in a California Public Records Act case in an effort to fight releasing member budgets allocating millions in public funds. Eventually, Sacramento

Section 998/Section 1717: Plaintiff, Although Not Prevailing Under Section 1717, Did Beat Its Statutory Pretrial Settlement Offer Such That It Was Entitled to Postoffer Attorney’s Fees As 998 Costs From The Defense

Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

  Opinion Will Give Added Importance to Section 998 Costs(Fee)-Shifting.      Well, well, we can report that there has been an interesting appellate “explosion” of opinions in the Code of Civil Procedure section 998 area. The First District, Division 5, has entered into the fray.      In SCI California Funeral Services, Inc. v. Five Bridges

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