Author name: Marc Alexander

In The News: Indio Olive Farmers Avoid Private Attorney General Fee Exposure; Sgt. Sarver Hit With SLAPP Fees Of $187,000 Against Hurt Locker Film Participants; Milwaukee Lawyer Derides Lemon Law Fee Capping Amendment; And Minnesota Lawyer Faces Possible

In The News

  Indio Olive Farmers Sidestep Fee Award in Hot-Air Balloonist Dispute.      As reported in a December 8, 2011 post by The Indio Sun, Indio olive farm owners do not have to pay more than $330,000 in attorney’s fees to hot-air balloonists they fought for two years based on the claims that the balloonists flew […]

SLAPP: $37,000 Out Of Requested $95,678.29 In Fees Affirmed On Appeal

Cases: SLAPP

  Numerous Challenges to SLAPP Award Rejected.      In LaMunyon v. Reid & Hellyer, APC, Case No E052887 (4th Dist., Div. 2 Dec. 9, 2011) (unpublished), the appellate court sustained a mandatory fee award to the defense of $37,000 (broken down $17,000 for trial court services and $20,000 for successful prior appellate work) in winning

Probate/Special Fee Shifting Statute: Elder Abuse Fee Entitlement Unclear Based On Murky Statement Of Decision Denying Fee Award

Cases: Probate, Cases: Special Fee Shifting Statutes

  Independent Tort versus Statutory Violation Didn’t Need to be Addressed Here.      Estate of Hazewinkel, Case No. D058282 (4th Dist., Div. 1 Dec. 9, 2011) (unpublished) is interesting in its discussion of potential fee entitlement under California’s Elder Abuse Act statute, Welfare and Institutions Code section 15657.5(a).      Although it reversed the denial of

Fee Clause Interpretation: Fees Clause Allowing Prevailing Party Recovery To “Any Party” Permitted Fees Award To Third Party Beneficiary Unsecured Creditor

Cases: Fee Clause Interpretation

  Case Fell Between the Cracks of Unnamed Parties and Third Party Beneficiary Cases, Fifth District Rules.      The Fifth District, in Cargill, Inc. v. Souza, Case No. F061767 (5th Dist. Dec. 9, 2011) (certified for publication), reversed a decision denying requested attorney’s fees to an unsecured creditor claiming it was a third party beneficiary

Probate: Contentious Trust Administration Litigation Results In Removed Trustee Father Having To Pay Winning Beneficiary Son Fees Incurred In Removal Petition Litigation/Related Jewelry, Joint Tenancy Litigation And Results In Father Having To Reimburse E

Cases: Probate

  No Abuse of Discretion in Acrimonious Probate Proceedings.      Probate proceedings are another area where emotions run high as well as attorney’s fees for the combatants. Losing combatants can be hit with fees/costs for the winner’s efforts, and trustees may have to restore fees/costs paid from a trust where the court determines that these

Special Fee Shifting Statute: Imports Performance Decision Now Certified For Partial Publication

Cases: Special Fee Shifting Statutes

  Publication of Investigation Costs Award Is Now In the Citable Jurisprudence.      In our November 11, 2011 post, we discussed Imports Performance v. Dept. of Consumer Affairs, Bureau of Automotive Repair, where the lower court awarded the Bureau $35,366.40 in investigation/enforcement costs and the award was affirmed on appeal.      Although previously unpublished, we

Homeowners Association: $20,000 Fee Award To Neighbors In Surveillance Camera Dispute Affirmed Based On Breach Of Settlement Agreement Fee Clause

Cases: Homeowner Associations

  Entitlement and Breach Were Established.      Well, whether the Holidays or not, neighborhood disputes in common area developments always produce interesting results–often times with someone bearing the sting of fees as the losing parties or both parties walking away after incurring lots of fees. The former was the case in Toler v. LeFevre, Case

Discovery/Referee Costs: Attorney Cannot Be Ordered To Pay Discovery Referee Costs Unless Discovery Abuse Procedures Followed

Cases: Costs, Cases: Discovery

  Referee Cost Shifting Provisions Does Not Mention Counsel Involvement.      Lupien v. Vons Market, Case No. B228896 (2d Dist., Div. 5 Dec. 6, 2011) (unpublished) involved a situation where plaintiff’s counsel was held jointly and severally liable along with their client for one half of a discovery referee’s costs totaling $7,800. Plaintiff appealed, arguing

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