Author name: Marc Alexander

In The News/Class Action/Civil Rights: Gulf Oil Spill Class Action Steering Committee Request Garners Controversy And Civil Rights Attorney Awarded $1.50 (Actually, $1.40) Despite Winning Prisoner’s Civil Rights Case

In The News

  Gulf Oil Spill Class Action Request Stirs Up Some Emotions on Both Sides.      As reported by John Schwartz in a December 3, 2011 article in The New York Times, attorney members of the Deepwater Horizon (Gulf) oil spill class action multidistrict litigation against BP have requested a New Orleans federal district judge to […]

Fee Clause Interpretation: Broad Fees Clause In Shareholder Agreement Justified Award Of Fees To Defense After Suit Dismissed For Failure To Amend Or Post A Bond

Cases: Fee Clause Interpretation

CCP § 1021 Was the Basis.      A $37,369 fee award against plaintiffs and in favor of defendants was affirmed in Higuera v. La Carreta Supermarkets, Inc., Case No. G044286 (4th Dist., Div. 3 Dec. 2, 2011) (unpublished), in a 3-0 decision authored by Justice Bedsworth. Here is what happened.      Plaintiffs instigated a hybrid

Deadlines: Attorney’s Fees Motion Deadlines Not Suspended While Appealed Case Is Subject to Appellate Mediation Procedures

Cases: Deadlines

  $45,017.50 Fee Award Against Losing Employee Sustained on Appeal.       Losing employee was hit with attorney’s fees under Labor Code section 218.5 when she lost an employment case. The fee award was $45,017.50, one-fourth of the total fees expended by defendant on an apportioned basis in line with the defense request to the lower

Family Law: Fifth Appeal Is Fatal–Wife Had To Pay $80,195.59 In Attorney’s Fees To Husband Under Contractual Fees Clause In Marital Settlement Agreement

Cases: Family Law

  She Was Hit With Other Need-Based Fees Along the Way.      “In a scenario all too familiar to bench officers who have dealt with family law matters, the former spouses who are parties here have been involved in ongoing litigation which now exceeds the duration of their marriage. This case is before us for

Special Fee Shifting Statute: $6,500 In Referee Costs Appropriately Awarded To Winner In Harassment Injunction Proceeding

Cases: Special Fee Shifting Statutes

  CCP § 527.6(i) Allowed It.      In Sabol v. Green, Case No. B225059 (2d Dist., Div. 6 November 28, 2011) (unpublished), one partner in a boat dealership appealed an anti-harassment injunction entered in favor of another partner and that partner’s wife. The trial court also awarded the winning parties no fees but $6,500 in

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