Author name: Marc Alexander

Prevailing Party: Plaintiff Winning $1 Nominal Damages On One Claim, But Losing The Primary $320,805 Claim, Did Not Prevail Or Prevent Fee Recovery By Opponent

Cases: Prevailing Party

  Opponent’s Fee Award of $40,588 Affirmed On Appeal.      Here is a pragmatic opinion that shows the “prevailing party” determination under Civil Code section 1717 is meant also to be pragmatic as far as the adjudicatory process is concerned. The decision is Brighton Collectibles, Inc. v. S&J Shoes, Inc., Case Nos. B224310/B226866 (2d Dist., […]

In The News . . . . Newspaper Copyright Infringer Filer Righthaven, LLC Hit With Approximate $120,000 Fee Award in Case Against Thomas DiBiase

In The News

Rough Weather:  No Safe Haven for Righthaven in Legal Shit Storms.      In our September 30, 2011 post, we talked about Righthaven, LLC of Las Vegas, which is a newspaper copyright infringer filer that files suits against persons for using stories or photographs published in certain papers.      Well, it was recently ordered to pay

Two-Fer: Special Fee Shifting Statute/Section 1717 Unpublished Cases

Cases: Section 1717, Cases: Special Fee Shifting Statutes

  Construction Lender Gets Fees For Successfully Defending Bonded Stop Notice Claim.      In North County Acoustics, Inc. v. Bank of America, N.A., Case No. D057720 (4th Dist., Div. 1 Oct. 27, 2011) (unpublished), subcontractor was hit with an adverse attorney’s fees award of $42,455.05 after losing a stop notice contest with a construction lender

Special Fee Shifting Statute: Municipal Ordinance Fee Shifting Provision Resulted In $202,144.17 Fee Award To Winning Adjoining Neighbors In Tree Obstruction View Dispute

Cases: Special Fee Shifting Statutes

  Oakland Municipal Ordinance Did Justify Fee Award to Winners.      This one is a case that could have fallen under our category “Homeowners Association,” although it involved adjoining neighbors who got into a fight over trees obstructing a view corridor to the San Francisco Bay (as contrasted to homeowners versus a homeowners association controversy

Section 1717: Discrete Claims Adjudged In Defendant’s Favor Gave Rise To Fee Exposure To Voluntary Dismissal By Plaintiff Of Suit After Adjudication

Cases: Section 1717

  Fifth District Rules in a “Novel Situation for the Application” of Section 1717.      This next one is sure to engender some further jurisprudence in the Civil Code section 1717 area, with the appellate court acknowledging it presented “a novel situation for the application of section 1717.”      CDF Firefighters v. Maldonado, Case No.

In The News . . . . Environmental Lawyer Marco Gonzalez Seeks $756,132 In Fees From City Of San Diego In Fireworks Pollution Suit

In The News

     As reported by Mike Lee in an October 20, 2011 post on SignOnSanDiego.com, environmental lawyer Marco Gonzalez recently filed a motion with the San Diego County Superior Court to be awarded $756,132 in attorney’s fees by the City of San Diego for winning a CEQA lawsuit over the fireworks-related pollution of last summer’s July

SLAPP: $92,898 Fee Recovery Not Time Barred And Not Excessive

Cases: SLAPP

  $16,000 Deduction for Unnecessary Collaboration Showed No Abuse of Discretion.      McCoy v. Walczak, Case No. A129671 (1st Dist., Div. 4 Oct. 21, 2011) (unpublished) involved a situation where a trial court denied a timely filed fee motion by a winning SLAPP defendant in a defamation suit “without prejudice,” but later awarded $92,898 to

Reasonableness Of Fees: Work Of Second Attorney Affiliating Closer To Trial Properly Discounted From Fee Award

Cases: Reasonableness of Fees

  Trial Court Discretion Is Broad on this Issue.      Viney v. Grupp, Case Nos. A120208/120993 (1st Dist., Div. 4 Oct. 19, 2011) (unpublished) is a convoluted real property easement interference case–involving landlocked property–where one $240,000 fee award went POOF! based on a partial reversal of a damages issue (and appellate instructions that there might

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