Author name: Marc Alexander

Prevailing Party: Where Cross-Complaint Was Dismissed Without Prejudice And Subject To A Tolling Agreement, Trial Court Did Not Abuse Its Discretion To Determine There Was No Prevailing Party For A Fee Recovery—As Yet

Cases: Prevailing Party

Costs Prevailing Party Determination Was Not Dispositive As To Fee Prevailing Party Determination.             Davis v. Philpott Meeks, LP, Case No. B316618 (2d Dist., Div. 7 Apr. 17, 2023) (unpublished) was a situation where plaintiff filed an unlawful detainer complaint, generating various cross-complaints for premises liability and indemnity.  Certain cross-claimants dismissed their cross-complaints without prejudice […]

Section 998: Third District Reverses $98,823.55 Fees/Costs Award To Lemon Law Plaintiffs Because The Settlement Reached After Plaintiffs’ Rejection Of Two 998 Offers Constituted A Judgment With A Principal Amount Below That Of The Final 998 Offer.

Cases: Section 998

Dissenting Opinion Held That Section 998’s Cost-Shifting Provisions Do Not Apply Where A Plaintiff’s Less Favorable Result Came About Through Settlement Of The Case Rather Than A Litigated Result Following Trial Or Arbitration.             In Madrigal v. Hyundai Motor America, Case No. C090463 (Third Dist., April 11, 2023) (published) defendant made two Code Civ.

Arbitration, Prevailing Party: Attorney Fees And Costs Award Of $334,458.41 Affirmed Against Plaintiff Attorney Who Achieved, Under A Confirmed Arbitration Award, A Monetary Recovery Of A Small Bit Of The $3,720 In Fees He Sought From Defendant Client

Cases: Arbitration, Cases: Prevailing Party

The Award Was Governed By The Statutory Fee Provisions Provided For By The Mandatory Fee Arbitration Act, Not The Parties’ Contract Fee Provision.             Under the MFAA (Bus. & Prof. Code, § 6200 et seq.), enacted to eliminate bargaining power disparity between attorneys and clients trying to resolve fee disputes, neither party to a

SLAPP: Significant SLAPP Prevailing Party Awards Affirmed On Appeal

Cases: SLAPP

Amounts Were Significant.             In Wu v. Lian Tong, Case Nos. A163131 et al. (1st Dist., Div. 3 Mar. 30, 2023) (unpublished), defendants won a SLAPP motion.  We post to show that the defense mandatory fee awards were significant, $115,577.30 for one defendant and $45,031 for another.  Just to show how SLAPP fee awards can

SLAPP: $3,000 SLAPP Fee Award Reversed Because Corporate Defendants’ Attorney Was Also Protecting His Personal Interests, So No Fees Were Warranted

Cases: SLAPP

Court Of Appeal Stirred Between Trope And PLCM Reasoning On Fee Recovery.             Olin v. Grace, Case No. F083969 (5th Dist. Mar. 30, 2023) (unpublished) was a situation where corporate defendants, represented by an individual defendant who was a wholly owned principal, won a SLAPP motion and subsequent fee award of $3,000.  The fee award

Private Attorney General: $239,479.65 Full Lodestar Fee Award Under CCP § 1021.5 Was Reversed As A Matter Of Law On Appeal

Cases: Private Attorney General (CCP 1021.5)

Petitioner Had An Enormous Financial Exposure Which Eclipsed Its Financial Costs In The Case And Related Proposition 65 Litigation.             Under CCP § 1021.5, a litigant seeking fees under this statute has the burden of satisfying all the predicate requirements.  This burden of proof must be satisfied; and, if not, a fee award can get

Appealability, Discovery: Monetary Sanctions, Not Intertwined With Nonappealable Issue Sanctions Order, Can Be Entertained On Appeal

Cases: Appealability, Cases: Discovery

$37,575 Monetary Sanctions Against Defendants For Discovery Noncompliance Affirmed, Given Defense Conduct.             Bad facts can lead to published decisions which are not complementary to a party not conducting itself appropriately in litigation.  Defendants in Deck v. Developers Investment Co., Case No. G061287 (4th Dist., Div. 3 Mar. 24, 2023) (published) learned that sad reality.

SLAPP: Losing SLAPP Litigant Was Saddled With $49,896 In Attorney’s Fees When Defendants Prevailed On SLAPP Motion

Cases: SLAPP

Losing Party’s Expert Declaration Was Deficient, With The Trial Judge Allowed to Bring His/Her Experience When Deciding Reasonableness Of Fees.             We have seen many of these challenges before as to reasonableness of attorney’s fees awards.  To have potential success, a losing party needs to rely on a competent expert having knowledge in the subject

Arbitration, Prevailing Party, Reasonableness Of Fees: Client Who Reversed Post-MFAA De Novo Trial Results And Who Confirmed The Prior Arbitration Award Was The Prevailing Party

Cases: Arbitration, Cases: Prevailing Party, Cases: Reasonableness of Fees

Because Client Had To Hire Appellate Attorneys Reversing The De Novo Trial Results, Client Was Awarded $334,458.11 In Fees/Costs—Affirmed By The Appellate Court.             Soni v. Cartograph, Inc., Case No. B316270 (2d Dist., Div. 5 Mar. 23, 2023) (unpublished) is quite a megillah of an arbitration/litigation odyssey about a client-attorney dispute over fees.  Looks like

SLAPP: SLAPP Fee Denial After SLAPP Merits Denial Ruling Was An Interlocutory Order Which Could Not Be Appealed Until There Was A Final, Appealable Judgment

Cases: SLAPP

Appellate Court Sustained Most Of The SLAPP Denial, Except For One Claim, So Case Goes On.             In Antonio V. v. Horn, Case no. B307098 (2d Dist., Div. 1 Mar. 22, 2023) (unpublished), the lower court denied a SLAPP motion, which was affirmed in major respects except for granting it on one claim.  After the

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