Fourth District, Division 3 Rejects Kim‘s Reliance on § 1032 Standard. In a very interesting case arising out of Orange County litigation, our local Santa Ana appellate court has parted company with another appellate court as far as the "prevailing party" standard to use for fee entitlement purposes under the Consumer Legal Remedies Act […]
Second District, Division 2 Strikes Fee Award. Here is a reminder that fee entitlement is a key liminal concern for review of any attorney’s fees award. The failure to plead a claim allowing for fee recovery can and often will be fatal to the ability to recoup substantial attorney’s fees. The next case is
It Does Not Apply to Someone Simply Defending An Action. In our category "Mediation," we have explored many decisions entertaining the issue of when attorney’s fees are properly awarded under California real estate purchase agreements with attorney’s fees clauses mandating mediation as a condition precedent to fee recovery. Here is another decision on the
Appellate Court Strikes Attorney’s Fees Award of $9,350 in Favor of Plaintiff. In Legal Service Bureau, Inc. v. Mostafavi, Case No. G041804 (4th Dist., Div. 3 Oct. 4, 2010) (unpublished), our local Santa Ana appellate court dealt with a lower court judgment awarding $9,350 to plaintiff under an attorney’s fees clause of an agreement
Mr. Francis Ordered to Pay $36,000 in Fees as SLAPP Loser. Los Angeles County Superior Court Mark Mooney threw out Girls Gone Wild CEO Joe Francis‘ defamation suit against Playboy Playmate of the Year Jayde Nicole pursuant to an anti-SLAPP motion. The suit stemmed from a fight at a West Hollywood nightclub last year.
Fees Will Be Disclosed in a Future Hearing. Well, here is one with a twist, counterintuitive to courts being public and access friendly—whether settlements or attorney’s fees requests are involved (which generally are not kept under wraps). Galveston County 212th District Courty Judge Susan Criss has ordered that attorney’s fees to be paid
Expense Award Follows on the Heels of Nearly $7 Million Adverse Jury Verdict. As reported by Vik Jolly in a September 27, 2010 article in The Orange County Register, San Juan Capistrano must be reeling from a recent adverse jury verdict and subsequent litigation expenses award stemming from a lawsuit it lost against the
First District, Division 3 Grants Fees Under CC § 1942.5(g). Ouch—the sting of attorney’s fees can be harsh. Plaintiff, declared to be a vexatious litigant in a case involving a retaliatory eviction cross-claim, discovered that lesson the hard way. King v. Nielsen, Case Nos. A124067/A124801 (1st Dist., Div. 3 Sept. 29, 2010) (unpublished)
Second District, Division 5 Applies AAA Rules Invoked By Each Side’s Arbitration Demands. When you are reviewing a contract for fee exposure, make sure you focus carefully on the remedies and arbitration sections. If the arbitration section incorporates American Arbitration Association rules, litigants may have fee exposure from the express rules incorporation made by
Second District, Division 5 Finds Arbitral Discretion Prevails on Fee Award. In Youssefzadeh v. 740 S. Broadway Associates, LLC, Case No. B220726 (2d Dist., Div. 5 Sept. 30, 2010) (unpublished), two matters were ordered to arbitration pursuant to identical binding arbitration clauses in two different LLC operating agreements. The clauses were broad in nature,
