Author name: Marc Alexander

Intellectual Property: $132,571.50 Attorney’s Fees Order In Trade Dress Infringement Suit Is Sustained On Appeal By The Ninth Circuit

Cases: Intellectual Property

The Case Was Exceptional Based On Defendant’s Willful Infringement, Failing To Cease And Desist, And Resisting An Injunction, As Well As The High Strength Of Plaintiff’s Case.             In Jason Scott Collection, Inc. v. Trendily Furniture, LLC, Case No. 21-16978 (9th Cir. May 30, 2023) (published), plaintiff brought a successful trade dress infringement claim under […]

Discovery, Family Law: Lower Court’ $68,358 Monetary Sanctions And Issue Sanction Against Ex-Husband For Failing To Produce QuickBooks Flash Drive To Wife’s Accounting Expert Was Sustained On Appeal

Cases: Discovery, Cases: Family Law

CCP § 2023.030 Allowed For The Award, With Willful Discovery Defiance Found By The Lower Court.             A party’s failure to comply with discovery orders can have harsh consequences:  monetary sanctions; issue sanctions; and sometimes even dismissal or directives to enter a default judgment.  Ex-husband found that out in Marriage of Foulk, Case No. C094350

Judgment Enforcement, SLAPP: SLAPP Post-judgment Enforcement Fees/Costs Award Affirmed On Appeal

Cases: Judgment Enforcement, Cases: SLAPP

SLAPP-ed Plaintiff/Judgment Debtor Liable For Post-judgment Enforcement Costs Because He Did Not Move To Tax A Post-judgment Enforcement Costs Memo, A Procedural Deadline Which Was Independent Of Any Subsequent Satisfaction Of Judgment Requests.             In Briggs v. Elliott, Case No. D080283 (4th Dist., Div. 1 May 26, 2023) (unpublished), two political rivals were involved in

Block Billing, Substantiation Of Reasonableness Of Fees: Where Attorney’s Fee Request Was Modest, An Attorney In A Firm Can Substantiate His Firm’s Fees And Block Billing Was Not An Issue Where Fee Request Was Not Substantial

Cases: Block Billing, Cases: Substantiation of Reasonableness of Fees

However, Block Billing Is A Problem In A Complex Case With Multiple Billing Attorneys Involved.             In Minser v. Collect Access, LLC, Case Nos. B318325/B321996 (2d Dist., Div. 1 May 24, 2023) (unpublished), plaintiff prevailed on a Rosenthal Act debt collector claim, which has a fee shifting provision under Civil Code section 1788.30(c).  The lower

Reasonableness Of Fees: $113,745 Fee Award Remanded Because It Was Unclear If Trial Court Might Have Allowed A “Double Dip” On Fees Based On Prior Discovery Motion Rulings

Cases: Reasonableness of Fees

$10,200 Potential Difference Necessitated A Remand, Not On Appellate Modification Based On Uncertainty In The Lower Court’s Ruling.             In Fuentes v. Betuel, Case No. B302827 (2d Dist., Div. 3 May 19, 2023) (unpublished), prevailing defendants moved to recover attorney’s fees of $128,860, with the lower court making some reductions—including adjustments to prevent a “double

Civil Rights, Private Attorney General: On Remand From The California Supreme Court, Court Of Appeal Denies Attorney’s Fees To Prevailing Party Under The Political Reform Act And Under A Separate Private Attorney General Theory

Cases: Civil Rights, Cases: Private Attorney General (CCP 1021.5)

Plaintiff’s Suit Was Not Frivolous Under Political Reform Act, With Defendants Not Showing An Important Right/Significant Benefit Were Vindicated Under CCP § 1021.5.             In Travis v. Brand, Case No. B298104 (2d Dist., Div. 8 May 19, 2023) (published), the 2/8 DCA had to consider whether prevailing defendants were entitled to attorney’s fees under the

Civil Rights: Where Qui Tam Plaintiff And Defendant Settle The Action With Each Side Bearing Their Own Fees, Quin Tam Plaintiff’s Counsel Cannot Bring Subsequent Action For Statutory Fees Under Government Code Section 12652

Cases: Civil Rights

Action Was Dismissed, With Options For Counsel Being To Intervene In The Qui Tam Action Or To Provide For A Fee Recovery Preservation In The Settlement.             In Berney Law Corp. v. ClubCorp Porter Valley Country Club, Inc., Case No. B313888 (2d Dist., Div. 7 May 18, 2023) (unpublished), the trial and appellate courts faced

Partition: Trial Judge’s Award Of Apportioned Fees To A Feuding Couple Is Sustained On Appeal

Cases: Partition

Husband’s Challenges To Wife’s Fee Recovery Was Rebuffed By Appellate Court.             A couple in a partition action, with the lower court describing their relationship as “toxic” and “two scorpions in a bottle” (words in the opinion, not ours), ultimately achieved some fee recovery based on common benefit in a contested partition action, with husband

Arbitration: Substantial Fee Awards Of Around $672,000 By An Arbitrator Under A Contractual Fees Clause Are Affirmed On Appeal

Cases: Arbitration

Arbitrator’s Fee Clause Interpretation Was Immune From A Merits Challenge.             In Mikali v. Benyamini, Case No. B316525 (2d Dist., Div. 5 May 16, 2023) (unpublished), an arbitrator interpreted a fees clause under a contractual agreement with an arbitration and fees clause, awarding certain defendants, respectively, $639,119 in fees and $32,647 in fees.  The trial

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