Author name: Marc Alexander

Special Fee Shifting Statute/Lodestar: Lodestar Method Used To Determine Reasonable Fee Recovery to Prevailing Claimant In U.S. Civil Forfeiture Proceeding

Cases: Lodestar, Cases: Special Fee Shifting Statutes

  Fee Agreement Can Be Taken Into Account But Payment Goes to Client, Ninth Circuit Holds in a 2-1 Opinion.      So far today, 2-1 appellate opinions have been the entrees on the menu in the fee area.      The Civil Asset Forfeiture Reform Act, at 28 U.S.C. § 2465(b)(1)(A), makes the U.S. liable for […]

Private Attorney General Statute: Based On Partial Success Only, Trial Court Had Discretion To Award Reduced Fees To Prevailing Plaintiff

Cases: Private Attorney General (CCP 1021.5)

  Second District, Division 6 Splits 2-1 In Affirming.      Plaintiff in San Luis Obispo Coastkeeper v. County of San Luis Obispo, Case No. B224274 (2d Dist., Div. 6 Apr. 26, 2011) (unpublished) prevailed in a CEQA action involving a challenge to the County’s first stormwater pollution prevention ordinance. The trial court issued mandate, but

Civil Rights/Lodestar/Allocation: Appellate Court Affirms Decision To Award $1,000 Winning Plaintiffs Fees Of $60,400 Out Of A Requested $566,510

Cases: Allocation, Cases: Civil Rights, Cases: Lodestar

  Trial Court Had Discretion to Reduce Lodestar, Parsing Out Unsuccessful Claim Fee Work.      This next case describes the discretion allowed trial courts in calculating the lodestar as well as a nice job by the defense in mitigating fee exposure by providing the trial court with a basis for awarding fees only on successful

SLAPP/POOF!: Reversal Of SLAPP Ruling Means Defendants’ Fee/Costs Award Went POOF!

Cases: POOF!, Cases: SLAPP

  $28,712.50 Fee/Costs Award Was the Victim in This One.      Defendants probably felt pretty good after they SLAPPed plaintiff’s suit and won fees/cost of $28,712.50 under the SLAPP mandatory fee-shifting statute. The feeling was somewhat short lived, however.      The appellate court in Gonzales v. Gonzales Foundation, Case Nos. A123857/124346 (1st Dist., Div. 3

Consumer Statutes/POOF!: Elder Abuse Fee Award Reversed Because 2008 Amendments Not Retroactive

Cases: Consumer Statutes, Cases: POOF!

  $326,588 Award Went Bye-Bye.      Plaintiffs in an elder abuse case where the crucial claims centered about defendants’ undue influence of an elder, causing an amendment to a testamentary trust, fared well in the trial court. The lower court invalidated the trust and awarded plaintiffs attorney’s fees of $326,588 under Welfare & Institutions Code

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