Author name: Marc Alexander

Special Fee Shifting Statute/Governmental Abatement Action: $23,910.30 Fee Award To Winning City In Abatement Action Sustained On Appeal

Cases: Special Fee Shifting Statutes

  Consent Judgment Was Silent On Issue, Allowing For Fee Award.      In City of Live Oak v. Oliveira, Case No. C063700 (3d Dist. July 15, 2011) (unpublished), City of Live Oak obtained civil penalties against three defendant trust properties in a nuisance abatement action. Even though the parties reached a consent judgment dealing with […]

Eminent Domain/Inverse Condemnation: Trial Court’s $421,826 Award To Prevailing Plaintiffs In Inverse Condemnation Award Stands

Cases: Eminent Domain

  Lower Court Failed to Use Correct Lodestar Methodology, But Basing On Contingency Fee Percentage Was Not Prejudicial.      Code of Civil Procedure section 1036 does allow an attorney’s fees award to successful inverse condemnation plaintiffs. Fee entitlement was not the basis for the challenge to a $421,826 fee award to plaintiffs obtaining several million

Private Attorney General Statute: Win On Technical Notice Issue, Not Substantive Merits, Did Not Translate Into Successful Party For CCP § 1021.5 Purposes

Cases: Private Attorney General (CCP 1021.5)

  $115,439.46 Fee Request Rebuffed.      In Chollas Restoration, Enhancement and Conservancy Community Development Corp. v. City of San Diego, Case No. D057460 (4th Dist., Div. 1 July 14, 2011) (unpublished), plaintiff won a petition, not on substantive grounds, but on the fact that publication was one day short on a draft mitigated negative declaration.

Special Fee Shifting Statutes/In The News . . . . Beach Cities Collective Medical-Marijuana Dispensary Assessed With Attorney’s Fees Award To Go To Dana Point

Cases: Special Fee Shifting Statutes, In The News

  “Crack House” Costs Provision is the Fee Entitlement Basis; Amount of Fee Award is $138,067.10.      Well, California is well known as surfer paradise and also well known for its marijuana smoking population (residents who have or have not inhaled). In this vein, enjoy this one with us.      Beach Cities Collective, a medical-marijuana

Prevailing Party: Charter School, Not Successful In Revocation Proceeding On Appeal, Could Not Recover Attorney’s Fees

Cases: Prevailing Party

  Neither Private Attorney General Statute Nor Government Code § 800 Warranted Fees.      Today’s Fresh Start, Inc. v. L.A. County Office of Education, Case Nos. B212966/B214470 (2d Dist., Div. 1 July 12, 2011) (certified for publication) reversed a charter school’s revocation decision win below against L.A. County. As a result, the lower court’s denial

Billing Records Substantiation: State Bar Arbitration Advisory 03-01 Offers Tips On "Detecting Attorney Bill Padding"

Cases: Substantiation of Reasonableness of Fees

  Gives Tips On What to Look For.      Although it dates back to January 29, 2003, the State Bar of California has an Arbitration Advisory aptly entitled "Detecting Attorney Bill Padding."      To identify bill padding, the Advisory suggested arbitrators focus on three things when determining a reasonable fee:      1. Evaluate the team/staffing

In The News . . . . Discovery Master Makes MGA-Mattel Fee Recommendation, American Apparel Pays Substantial Fees In Racial Slur Arbitration Award, And City Of Hemet’s 2010-2011 Fiscal Attorney’s Fees Budget Is $500,000 Over

In The News

  MGA-Mattel Fee Battle Rages On.      We have posted on this before, but Amanda Bronstad’s July 6, 2011 post in The National Law Journal gives us all an important update. Discovery master Robert O’Brien recommended in the on-going MGA-Mattel Bratz Doll litigation–where MGA recovered $88.5 million after a jury trial–that MGA be paid $84.7

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