Author name: Marc Alexander

Family Law: Denial Of Needs-Based Family Code Section 2030 Fees Reversed Because Lower Court Made No Findings Of Ability To Pay

Cases: Family Law

Consideration Of Equitable Factors Other Than Disparity and Ability To Pay Are Not Allowable Under Section 2030.                In Marriage of Saedi v. Kadivar, Case No. B340089 (2d Dist., Div. 2 June 23, 2025) (unpublished), the lower court denied a Family Code section 2030 needs-based fee request by ex-wife in connection with child support modification […]

Fee Clause Interpretation: 4/3 DCA Affirms Substantial Fees Award Against Tenants In A Dana Point Harbor Slip Dispute

Cases: Fee Clause Interpretation

Lower Court Cut Fees Request In Half, Which Was Erroneous, But Respondent’s Failure To Appeal Means The Reduction Did Not Aggrieve Appellants, the Tenants.                In Papageorges v. Dana Point Harbor Partners, Case No. G063688 (4th Dist., Div. 3 June 20, 2025) (unpublished), the upshot from this opinion is that a respondent may want to

Costs: Dismissal Of Unlawful Detainer Defendant Gave Entitlement To Recovery Of Mandatory Routine Costs

Cases: Costs

Lower Court’s Determination That No Party Prevailed For Routine Cost Purpose Was Reversed With Directions To Award Costs To Dismissed Defendant.                In Shapell SoCal Rental Properties, LLC v. Chico’s FAS, Inc., Case No. G063663 (4th Dist., Div. 3 June 17, 2025) (unpublished), tenant and landlord were involved in an Orange County unlawful detainer action

Section 998: Cross-Defendant’s 998 Offer Was Invalid, So It Did Not Dilute Recovery By Defendant/Cross-Complainant On Other Defense Claims

Cases: Section 998

Be Careful What You Put In Your 998 Offers, Don’t Overreach.                In T&R Painting and Drywall v. Town Building & Development, Case Nos. B330375 et al. (2d Dist., Div. 6 June 17, 2025) (unpublished), there was a convoluted dispute between a plaintiff subcontractor and a defendant general contractor, with general contractor bringing a cross-complaint

SLAPP: $14,037.27 SLAPP Fees/Costs Award Reversed And Remanded Because Appellate Court Found One Claim Should Not Be Granted

Cases: SLAPP

Trial And Appellate Fees/Costs Remanded To The Trial Court, Given Cross-Defendants’ Partial Success.                Wald v. Martin, Case Nos. B335960 et al. (2d Dist., Div. 6 June 16, 2025) (unpublished), illustrates how a partial reversal of a SLAPP grant generally leads to a reversal and remand of the subsequent fees/costs award to a prevailing defendant

Construction, Costs, Ethics, Indemnity, Fee Clause Interpretation, Section 1717: $4.176M Contractual Fee Award To General Contractor And Against Owner Affirmed On Appeal, But Expert Witness Costs Award To General Contractor Reversed As A Matter Of Law

Cases: Construction, Cases: Costs, Cases: Ethics, Cases: Fee Clause Interpretation, Cases: Indemnity, Cases: Section 1717

Case Explores Fee Clause Interpretation, An Award Of Fees To An Unlicensed Associate Supervised By A California Attorney, And An Award Of Expert Witness Costs Which Were Not Pled Or Proven As Damages.                The Whiting-Turner Contracting Co. v. 250 Fourth Development LP, Case No. A169470 (1st Dist., Div. 5 June 13, 2025) (unpublished) is

Deadlines, Family Law: Ex-Wife’s Challenge To $193,000 In Attorney’s Fees Under Family Code Section 271 Or Contractual Marital Stipulation Fee Clause Affirmed On Appeal

Cases: Deadlines, Cases: Family Law

Although Notice Of Motion For Appellate Fees Was Untimely, Record Showed That The Lower Court Granted An Extension Request To Ex-Husband As Moving Party.                In Marriage of Richards, Case Nos. G062449 et al. (4th Dist., Div. 3 June 13, 2025) (unpublished), ex-wife appealed a Family Code section 271 sanctions and contractual marital stipulation fee

Sanctions, SLAPP: Plaintiff Losing A SLAPP Motion On A Cross-Complaint Was Properly Not Granted 128.7 Sanctions For A Mistaken Payment Statement

Cases: Sanctions, Cases: SLAPP

Cross-Complainants Did Fess Up To The Problem, With The Lack Of A Reporter’s Transcript Of The Sanctions Hearing Further Showing No Abuse Of Discretion In The Denial Of The Sanctions Request.                Although we take the cases as we find them for posting purposes, the next one was a dispute over an apparent snafu in

Probate, Substantiation Of Reasonableness Of Fees: Removed Trustee’s Failure To Challenge Fee Entitlement Under Judgment Affirmed In A Prior Appeal Also Disposed Of Same Challenge In A Second Appeal

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

However, The Lower Court Did Reduce The Fee Request Because of Unusually Redacted Time Entries.                The Fifth District, in Trunick v. Calloway, Case No. F086766 (5th Dist. June 11, 2025) (unpublished), affirmed an award of attorney’s fees to a beneficiary who was instrumental in removing co-trustees in a probate dispute.  In earlier proceedings, the

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