Author name: Marc Alexander

Requests For Admission: Costs Of Proof Sanctions Were Warranted Where City Won Summary Judgment On Taking Claim And The Denied Ripeness RFA Was Material

Cases: Requests for Admission

$32,500 In Attorney’s Fees Was The Sanction Award Sustained On Appeal.             In Forat v. City of Los Angeles, Case No. B313816 (2d Dist., Div. 2 June 14, 2023) (unpublished), City asked plaintiff to admit that a taking claim was not ripe, an RFA which was denied and with plaintiff’s position leading to the overruling […]

Off Topics: Do Lawyers Like Legalese And Why Does It Persist?

Off Topics

Conclusions in Recent Report Summarized By The Economist Suggest Lawyers Prefer Simplified Language and The Report Then Tries To Answer Why It Persists.             The June 3, 2023 issue of The Economist reports on a study published in Proceedings of the National Academy of Sciences (Martinez and MIT/University of Edinburgh colleagues) about why lawyers use

Class Action, Intellectual Property: $1.7 Million Fee Award To Class Counsel In A Case Netting $52,841.05 In Benefits, With No Meaningful Injunctive/Monetary Relief, Reversed And Remanded

Cases: Class Actions, Cases: Intellectual Property

True Benefit To The Class And Proportionality Of Fees Had To Be Scrutinized On Remand.             The beginning paragraph in Lowery v. Rhapsody International, Inc., Case No. 22-15162 (9th Cir. June 7, 2023) (published) is a doozy:             “This case will likely make the average person shake her head in disbelief: the plaintiffs’ lawyers filed

Liens For Attorney’s Fees: Where One Attorney Fixed His Fee Recovery Under Attorney’s Liens, That Part Of A Judgment Was Sustained Even Though Other Parts Relating To Remaining Funds To Be Released And Successor Attorney’s Claims Would Remain To Be

Cases: Liens for Attorney Fees

Opinion Shows You How A Good, Successful Race By One Attorney May Get A Resolution First!             Aresh v. Marin-Morales, Case Nos. G060579/G060827 (4th Dist., Div. 3 June 5, 2023) (published) is an interesting decision on attorney priority for fee recovery in settlements.  It may tell competing attorneys that the race goes to the swift,

Private Attorney General: CCP § 1021.5 Award To Minor’s Parents For Obtaining Removal From Civil Abuse Central Index Reversed As A Matter Of Law

Cases: Private Attorney General (CCP 1021.5)

The Matter Only Really Impacted The Parents Themselves, Not A Larger Class Of Persons.             In Ford v. Stanislaus County, Case No. F083828/F084205 (5th Dist. June 2, 2023) (unpublished), minor’s parents obtained writ relief by which their names were removed from the Civil Abuse Central Index after they were found not to be the perpetrator

SLAPP: What Happens When Some SLAPP Denials Are Reversed And Become SLAPP Grants As Far As Awarding Fees To A Defendant Who Only Partially Prevails On SLAPPing Some Claims?

Cases: SLAPP

Answer:  Partially Prevailing Defendant Gets Trial and Appellate Fees For the SLAPP Grants, But No Fees For Work on SLAPP Denials.             As our post captions above indicate, Peterson v. Harris, Case No. B315356 (2d Dist., Div. 4 June 2, 2023) (unpublished) indicates the attorney’s fees entitlement remedy available to a partially prevailing SLAPP defendant

Appeal Sanctions: $10,000 In Frivolous Appeal Sanctions Awarded To Respondent And $5,000 In Separate Frivolous Appeal Sanctions Awarded To Appellate Clerk, All Against Appellant

Cases: Appeal Sanctions

Opinion Has A Stark Reminder For Appellants To Not Appeal Discretionary Rulings Where They Did Not Develop A Meritorious Record For Reversal.             Champlin/GEI Wind Holdings, LLC v. Avery, Case No. B319563 (2d Dist., Div. 6 June 2, 2023) (published) is a stark reminder for appellate attorneys (or trial attorneys appealing for clients) to be

Minors: $534,890 Fee Award Reversed Because Informed Minors Were Denied Their Right To Chosen Counsel In Challenging The Fee Awards

Cases: Minors

Due Process Rights Led To The Result.             Chui v. Chui, Case No. B310325 (2d Dist., Div. 1 May 32, 2023) (unpublished), involving contentious probate and trust litigation where a guardian ad litem was appointed for two minors, a lower court approved a $534,890 fee award to GAL’s court appointed attorney to defend against the

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