Author name: Marc Alexander

Section 1717: Plaintiffs Losing Specific Performance Complaint And Defendants Losing Damages Cross-Complaint Were Not Prevailing Parties, No Matter How You Slice The Ham

Cases: Section 1717

  Fifth District Weighs in on Silver Creek Comparative Measuring Test and Hsu Dicta on “Defensive” Cross-Complaints.      Above:  Lewis Wiggins cutting off a slice of homecured ham in his smokehouse.  June 1940.  Marion Post Wolcott, photographer.  Library of Congress.      Here is an interesting Civil Code section 1717 decision from the Fifth District, authored […]

Private Attorney General: Port Of Oakland Engineer’s Reinstatement Via An Administrative Writ Proceeding Vindicated His Personal Interest Only

Cases: Private Attorney General (CCP 1021.5)

  No CCP § 1021.5 Award Was Justified Under the Circumstances.     A Port of Oakland engineer won an administrative writ proceeding by which he was reinstated with back pay in LaGrone v. City of Oakland, Case Nos. A129306/A130030 (1st Dist., Div. 3 Dec. 16, 2011) (unpublished).  However, his request for attorney’s fees under California’s

Year in Review – 2011

Cases: Civil Rights, Cases: Estoppel, Cases: Family Law, Cases: Pleading, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998, Year in Review

Wrapping It Up:  M & M’s Top 25 Attorney’s Fees Decisions For 2011  Part 1 of 2      It is that time of year, at year end, for us to list our top published attorney’s fees decisions from the U.S. Supreme Court, Ninth Circuit Court of Appeals, and California Courts of Appeal. Although we normally

Prevailing Party/Section 1717: Landlord Prevailing On Tenants’ Defense Cross-Complaint Involving Personal Property Retrieval Statutes Did Not Prevail “On A Contract” For Section 1717 Purposes

Cases: Prevailing Party, Cases: Section 1717

  Landlord Lost $23,029.88 Fee Recovery When Fee Award Deleted From Judgment by Appellate Court.      Although originally unpublished, the appellate court in Kumar v. Yu, Case No. B226335 (2d Dist., Div. 7 Nov. 17, 2011) certified its opinion for publication on December 16, 2011.      Basically, landlord lost a contractual lease dispute with a

Arbitration: U.S. District Judge Does Have Inherent Authority To Award Attorney’s Fees To Irani Ministry Winning Arbitration

Cases: Arbitration

  Nothing in New York International Convention Negated Inherent Court Authority.      The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran won a breach of contract arbitration award against a U.S. corporation, which was confirmed under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the

Allocation/Civil Rights: Successor For Elderly Patient Entitled to Mandatory Fee Award In Suit Brought Under California’s Patient Bill Of Rights

Cases: Allocation, Cases: Civil Rights

  $305,000 Fee Award Sustained For Violation Even Though No Damages Awarded.      Anderson v. AG Seal Beach, Case No. B228683 (2d Dist., Div. 7 Dec. 14, 2011) (unpublished) is a case where a successor won a $171,000 jury verdict for her mother’s alleged skilled nursing home injuries, even though the jury did not enter

Civil Rights/Section 998: Winning Civil Rights Litigant Being Awarded $416,000 In Fees With A 1.5 Multiplier Was Properly Compensated, With Dueling 998 Costs Awards Also Being Sustained

Cases: Civil Rights, Cases: Multipliers, Cases: Section 998

  Lower Court Properly Scaled Back Expert Fee Costs Award Against Plaintiff Based on Her Financial Situation.      Hernandez v. The Regents of the University of California, Case Nos. A129427/A130063 (1st Dist., Div. 4 Dec. 12, 2011) (unpublished) involved some interesting fees and costs issues, especially given the shifting impact of Code of Civil Procedure

Homeowners Association: Surplus Fees Obtained After Nonjudicial Foreclosure Of Delinquences Belonged To Homeowner, Not To Foreclosing Trustee

Cases: Homeowner Associations

  Second District, Division 7 Has Nice Discussion of Fees/Costs Distribution of Surplus Fees After HOA Delinquency Foreclosure.       For anyone practicing homeowner association law, this next case is a great primer on the expenses and fees that can be obtained by the foreclosing trustee in an HOA delinquency nonjudicial foreclosure lawsuit or its aftermath.

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