Marc Alexander – Page 562 – Cal Attorneys Fees

Civil Code Section 1717: No Prevailing Party Determination Affirmed In Bitterly Contested Real Estate Litigation

October 23, 2010

Defendant Wives Found Unified in Interest With Settling Defendant Husbands; Plaintiff’s Voluntary Dismissal of Wives Was Dispositive. You almost could tell what might happen in the next case. The case involved acrimonious litigation between sellers and buyers for mold and dry rot in a residential property. The parties were plaintiffs husband/wife, defendants husbands, and […]

Civil Code Section 1717: Hyduke’s Valley Motors Decision Now Published

Cases: Section 1717

October 23, 2010

Fourth District, Division 3 Puts Decision “In the Books.” In our September 30, 2010 post, we discussed Hyduke’s Valley Motors v. Lobel Financial Corp., Case No. G042816 (4th Dist., Div. 3 Sept. 29, 2010), which found no Civil Code section fee recovery was allowable to a plaintiff used car dealer because it did not

Estoppel: Law Of The Case Doctrine Justified $4,000 Attorney’s Fees Award

Cases: Estoppel

October 23, 2010

Prior Appellate Court Conclusion Was Binding On Fee Entitlement. Steele v. Spina, Case No. A127959 (1st Dist., Div. 3 Oct. 21, 2010) (unpublished) is a good illustration of where the “law of the case” doctrine will prevent a second bite challenge to a fee award. A prior appellate court opinion held that the trial

Civil Rights: Plaintiff Civil Rights Organization Entitled To Seek Attorney’s Fees Under Judicially Enforceable Settlement Agreement

Cases: Civil Rights

October 23, 2010

Ninth Circuit Reverses District Court’s Denial of Fees to Settling Plaintiff. In La Asociacion de Trabajadores de Lake Forest v. National Day Laborer Organizing Network, Case No. 08-56564 (9th Cir. Oct. 22, 2010) (for publication), plaintiff reached a settlement agreement with defendants over the enforcement of restrictions on day laborers soliciting work on public

SLAPP: Trope Limitation Did Not Preclude Award Of Fees To California Attorney General For Prevailing On SLAPP Motion Against Suing Doctor When Two Of The AG Attorneys (Also Sued) Aided Lead Counsel Work for AG And Other Co-Defendants

Cases: SLAPP

October 23, 2010

First District, Division 2 So Rules in Lengthy Unpublished Decision. Soderling v. Office of the California Attorney General, Case Nos. A124196/A124931 (1st Dist., Div. 2 Oct. 22, 2010) (unpublished) concerned an appeal by a doctor suing to overturn the trial court’s partial grant of an anti-SLAPP motion against the California Attorney General (AG) as

Class Actions: NY Court of Appeals Rules that Common Fund Doctrine Does not Allow Award of Counsel Fees and Expenses to an Objectant in a Class Action

Cases: Class Actions

October 22, 2010

Court Rules in 5 –2 Decision that 1975 Statutory Reforms to Class Actions in NY Allow Fees Only to Class Representative. This next one is a bit off our beat, since it involves NY law, but we think it will be of interest to class action attorneys. New York’s highest court has ruled, in

Probate And Family Law Doubleheader: Substantial Attorney’s Fee Awards In Favor Of Beneficiaries and Ex-Wife Affirmed On Appeal

Cases: Probate

October 22, 2010

As we read more and more cases on fee awards, we are struck about how both trial and appellate courts really like litigants to be reasonable and do not condone litigation that goes on and on in a fashion derided by Charles Dickens some time ago. These next two cases illustrate how the protracted

Arbitration: Arbitration Award Producing A Further Award of Over $43,000 In Attorney’s Fees Properly Awarded to Out Of State Attorney

Cases: Arbitration

October 20, 2010

Arbitrator’s Failure to File Certificate Approving Out of State Attorney Until After Filing of the Favorable Arbitration Award Was Deemed Harmless Error. For those practitioners that are involved in arbitrations (and most litigators are in this day and age), here is an interesting case about approval of out of state attorneys and their

SLAPP: Post-Appeal Prevailing Party Adequately Preserved Fee Recovery By Filing A Costs Memorandum

Cases: SLAPP

October 20, 2010

Fourth District, Division 3 Disagrees that A Noticed Motion for Fees Was the Exclusive Method for Fee Recovery. Here is a SLAPP fee procedural issue that we believe is certain to reoccur in some future cases where SLAPP defendants prevail on a SLAPP motion. Hong v. Regents of the University of California,

Texas Federal Judge Orders College to Pay $243K+ in Attorney’s Fees in Case Brought by Students Challenging Ban to Wearing Empty Gun Holsters

In The News

October 19, 2010

Above: Final Duel in For a Few Dollars More. See David Lee’s article, “$243,000 Fee Award in Texas Holster Protest,” October 18, 2010, Courthouse News Service, for more on this Texas tale.

Author name: Marc Alexander