Author name: Marc Alexander

Special Fee Shifting Statute: Discretionary Harassment Restraining Order Grant Of Fee Recovery Reversed

Cases: Special Fee Shifting Statutes

Winning Defendant Failed to Comply With Statutory Requirements for Claiming Fees.      Code of Civil Procedure section 527.6(i) certainly permits a trial court discretion to award attorney’s fees to the prevailing party when a civil harassment restraining order is sought. (Krug v. Maschmeier, 172 Cal.App.4th 796, 802-803 (2009).) However, a prevailing defendant must still follow […]

Requests For Admissions: No Costs Of Proof Sanctions Awarded Where Personal Injury Plaintiffs Had Basis For Denial At Discovery Stage

Cases: Requests for Admission

Fourth District, Division 2 Affirms Trial Court’s Denial of RFA Costs of Proof Request.      In Chiang v. J.B. Hunt Transport, Inc., Case Nos. E047560 et al. (4th Dist., Div. 2 Nov. 3, 2010) (unpublished), a trial court rejected a defense request for an award of $60,493 in costs of proof sanctions against personal injury

Equity/Ethics: Ninth Circuit Reverses Substantial Fee Award To Defense Counsel Unyielding In Providing Short Extension To Plaintiff’s Counsel For Purposes Of Opposing Summary Judgment Motion

Cases: Equity, Cases: Ethics

Professional Courtesies Stressed Greatly in This Sobering Opinion.      We knew that this next case would be interesting when it led off with this quote from Charles E. Clark’s article entitled History, Systems and Functions of Pleading, published at 11 Va. L. Rev. 517, 542 (1925): Procedure “is a means to an end, not an

Discovery Sanctions: Over $1.9 Million In Fee Sanctions Reversed With Overturning of Terminating Sanctions Award

Cases: Discovery, Cases: Sanctions

Second District, Division 3 Finds No Prior Predicate Discovery Order to Underpin Large Sanctions Award.      This one is a whopper of a reversal . . . demonstrating that appellate courts will insist that large sanctions awards for discovery abuses be based strictly on predicate rulings required under the Discovery Act.      Callan v. CRC

Civil Code Section 1717: Broad Performance Bond Language Is Made Mutual So That Contractor Defeating Owner’s Cross-Complaint Was Entitled To Fee Recovery

Cases: Allocation, Cases: Section 1717

1717 Reciprocity Principles Save the Day Again, Sustaining $366,916.63 Fee Award.      Many construction disputes involve tripartite affairs between owner, contractor, and surety on a performance bond. That was exactly the situation in the next case, with a performance bond having a fee provision that said this: "Contractor/Principal and Surety agree that if the DISTRICT

CCP Section 998, Costs, And Consumer Fee Shifting Statute: Fee Award To CLRA Settling Plaintiff Affirmed Upon Denial of Defense 473 Motion Relating To 998 Offer Containing No Language Dealing With Fees/Costs

Cases: Consumer Statutes, Cases: Costs, Cases: Section 998

Silent 998 Offer Came Back to Bite the Defense as Silence Proves Golden for Prevailing Party.      Many of the decisions we examine have major object lessons for litigators to pay heed to. After all, we like to say that good case management skills are usually learned through mistakes. This next case illustrates this principle

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