Author name: Marc Alexander

Special Fee Shifting Statute: $8,993.75 Fee Award In Dismissed Civil Harassment Restraining Order Proceeding Was Affirmed On Appeal As No Abuse Of Discretion

Cases: Special Fee Shifting Statutes

$13,051.75 Request Was Pared Down By The Lower Court.             In Schumann v. Maxon, Case No. G061230 (4th Dist., Div. 3 Mar. 21, 2023) (unpublished), plaintiff filed a civil harassment restraining order against her upstairs neighbor and neighbor’s attorney even though she voluntarily dismissed the matter.  Primary defendant, prevailing party, moved to recover discretionary fees […]

Deeds Of Trust, Fee Clause Interpretation, Indemnity: After Paying Off Loan Demand, Non-Prevailing Borrower On Economic Duress/Implied Covenant Claims Correctly Assessed With Contractual Fees Of $2,856,956.82 And Costs Of $38,184.54

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Indemnity

Contractual Clauses, Including One In A Deed Of Trust, Were Fee Provisions.             Modern litigation can be expensive.  It can even be more expensive where there is a fee-shifting basis in contractual documents.  Borrower learned that hard lesson in The Palace at Washington Square, LLC v. Mechanics Bank, Case Nos. A164195/A164799 (1st Dist., Div. 3

Equity, Fee Clause Interpretation: Prevailing Party Awarded Substantial Fees Despite A Bad Typo In The Contractual Fees Provision

Cases: Equity, Cases: Fee Clause Interpretation

Prevailing Party Did Obtain $538,961 In Fees After Reformation By Trial Judge, Affirmed On Appeal.             We bloggers have seen this situation before.  A litigant, like the one in California Décor, Inc. v. Medrano, Case No. B313743 (2d Dist., Div. 2 Mar. 15, 2023) (unpublished), prevailed on its own case and defeated a cross-complaint.  So,

Lodestar, Multipliers, Reasonableness Of Fees: Plaintiff Properly Awarded $30,450 In Attorney’s Fees Rather Than The “Ask” Of $98,770

Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees

Fee Request Reduced On Hourly Rate Ask And Work On An Unfiled Summary Judgment Motion, With Plaintiff’s Multiplier Request Being Denied.             Plaintiff accepted a defense CCP § 998 offer waiving a car purchase deficiency and paying her $2,001, with the lower court allowed to determine an award of attorney’s fees and costs to plaintiff

Costs: Defendant’s Failure To File A Verified Memorandum Of Costs, After Being Given Extra Time By The Court, Precluded Recovery Of Costs

Cases: Costs

Lower Court Also Granted Plaintiff CCP § 473 Relief From A Late-Filed Motion To Tax Costs, But No Costs Could Be Recovered Given Plaintiff’s Waiver By Failing To File A Costs Memo.             The procedural events in Cielo Homeowners Assn. v. Bennett, Case No. D079743 (4th Dist., Div. 1 Mar. 10, 2023) (unpublished) were, to

Celebrities, SLAPP: $493,135 In SLAPP Fees And Costs Awarded To Phoebe Bridgers For Winning A SLAPP Motion In A Defamation Case Brought Against Her

Cases: Celebrities, Cases: SLAPP

The Request Was $670,510 In Fees And Costs.             Phoebe Bridgers, an indie folk music songwriter-singer, was sued for defamation by music producer Chris Nelson in Los Angeles County Superior Court.  Earlier, she won a SLAPP motion, which allows for imposition of mandatory reasonable attorney’s fees and costs against the non-prevailing plaintiff.  She moved for

Fee Clause Interpretation: Plaintiff Purchaser Obtaining Specific Performance In A Real Estate Transaction Properly Awarded Fees Under A Contractual Fees Provision Against Losing Seller

Cases: Fee Clause Interpretation

Closing Costs Provision Was Distinct From Litigation Prevailing Party Provision.             The next case, Classic Auto Repair, Inc. v. Ida, Case No. B308002 (2d Dist., Div. 8 Mar. 8, 2023) (unpublished) is a real estate primer on contractual interpretation on allocation of attorney’s fees exposure with respect to litigation and closing costs.  The plaintiff purchaser

Family Law: Although Family Code Section 271 Sanctions Were Justified, The Lower Court’s Sanction Award Was Reduced On Appeal

Cases: Family Law

The Reduction Was Tethered To The Misconduct At Issue.             In Marriage of Dolkhani & Izadpanahi, Case No. B317763 (2d Dist., Div. 7 Mar. 8, 2023) (unpublished), the lower court awarded Family Code section 271 sanctions (attorney’s fees) of $11,605 based on a dissolution litigant’s failure to cooperate in the preparation of a proposed judgment

Probate: Trustee Defending Against Invalidity and Undue Influence Claims By A Beneficiary Was Not Entitled To Attorney’s Fees Reimbursement

Cases: Probate

Trustee Had To Stay Neutral, Not Taking the Position Of One Beneficiary Or The Other In Non-Neutral Fashion.             In Zahnleuter v. Mueller, Case No. C093909 (3d Dist. Mar. 7, 2023 published, originally issued as an unpublished opinion on Feb. 9, 2023), a trustee sought reimbursement for attorney’s fees in defending the validity of a

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