Author name: Marc Alexander

Appealability, Deadlines: Plaintiff’s Appeal Of An Attorney’s Fee Grant Motion Was Untimely, Resulting In A $64,350.30 Fees Order Standing As Viable Without Any Review

Cases: Appealability, Cases: Deadlines

Appeal Was Electronically Received By The Court One Minute Late, Which Made It Untimely—So, Allow For Some Electronic Delay Transmission Issues When Filing An Appeal.             Although unpublished, the lesson from McKenna v. Sony Pictures Entertainment, Case Nos. B304256/B310814 (2d Dist., Div. 5 Feb. 15, 2023) (unpublished) is to not push the 11:59 p.m. electronic […]

Costs: Failure To File A Costs Memorandum Or File A Motion To Tax Costs As To A Competing Costs Memorandum Both Constituted A Waiver If Not Timely Filed, Absent A Court Extension

Cases: Costs

Waiver Principles, Pure And Simple.             Brady v. Clark, Case No. E078212 (4th Dist., Div. 2 Feb. 8, 2023) (unpublished) is a simple reminder for litigants—if you are claiming routine costs as a prevailing party, file a timely costs memorandum; and, if you are going to oppose a dueling costs memorandum against you, you need

Reasonableness Of Fees: When Trial Judge Gives You A Supplemental Chance To Explain Fees And Allocate Them, Take The Judge Up On It Or Face Reductions Which You Will Not Like

Cases: Reasonableness of Fees

Defendants Requested $191,007.50 In Fees, But Were Only Awarded $74,424.71 Based On Their Failure To Provide The Trial Judge With Adequate Supplemental Information.             Mooney v. Argus Realty Investors, Case No. G060440 (4th Dist., Div. 3 Feb. 2, 2023) (unpublished) is a stark reminder that a fee claimant needs to pay special attention to a

Class Actions: Federal Circuit Reverses $185 Million Class Counsel Award Because Claims Court’s Analysis Was Inconsistent With Class Opt-In Notice Terms And Did Not Justify A High 18-19 Positive Multiplier On The Lodestar

Cases: Class Actions

Fee Award Arose Out Of A $3.7 Billion Common-Fund Recovery In A Patient Protection And Affordable Care Act And Health Care And Education Reconciliation Act (ACA) Class Action.             With some strong language indicating that lower federal courts must acts as fiduciaries when it comes to scrutinizing fee applications in common-fund class action situations, the

Equity: Specific Performance Judgment Could Not Condition Transfer Of LLC Interests Upon Payment Of Attorney’s Fees Order

Cases: Equity

Fees Were Not A True Incident Of the Specific Performance Judgment.             Youshei v. Yoshaei, Case No. B313770 (2d Dist., Div. 1 Jan. 30, 2023) (unpublished) was a case where the appellate court reversed the portion of a specific performance judgment conditioning a transfer of LLC interests upon the payment of attorney’s fees, because fees

Prevailing Party: $78,500 Attorney’s Fees/Costs Award Affirmed Against Non-Prevailing Party Admitting In A Summary Judgment Non-Opposition That Conceded Their Cross-Claims Had No Merit

Cases: Prevailing Party

Admissions In The Summary Judgment Proceeding Were Preclusive.             The next case, Blue Fountain Pools and Spas, Inc. v. Zauss, Case No. E077923 (4th Dist., Div. 2 Jan. 30, 2023) (unpublished), cautions litigants that admissions in law and motion non-oppositions can have preclusive results in later fee motions.  In this one, cross-complainants admitted in a

Civil Rights: California Supreme Court Finds Political Reform Act’s Prevailing Party Fees/Costs Provision Is Asymmetrical In Favor Of Plaintiffs

Cases: Civil Rights

Defendants Only Obtain Fees If Plaintiff’s Suit Is Objectively Unreasonable From The Start Or Becomes So During Its Prosecution.             The California Supreme Court, in Travis v. Broad, Case No. S268480 (Cal. Supreme Court Jan. 30, 2023) (published), faced the situation where prevailing defendants in a Political Reform Act case were awarded discretionary attorney’s fees

Arbitration, Employment: Where Defendant Employer Lost Small Merits Award And Fee Award After Reconsideration By Arbitrator, But Did Not Timely File Motions To Correct Or Vacate, Fee Award Had To Be Affirmed

Cases: Arbitration, Cases: Employment

Bright-Line Rules On Arbitration Procedures Adopted, With Plaintiff Employee Entitled To Fees On Appeal.             This case may have more tips for practitioners and jurists when it comes to deadlines for parties seeking to correct and vacate arbitration awards, especially where a timely motion to confirm an arbitration award is made.  However, we briefly summarize

Civil Rights, Special Fee Shifting Statutes: $40,295 Civil Harassment Fee Award To Prevailing Party Affirmed, Although Amended Fee Order To Add Another Party Was Void Based On The Prior Fee Award Appeal

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

Trial Judge Rejected Fee Request For Half Based On The Party-Client Agreement.             In Aaronoff v. Olson, Case No. B295388 (2d Dist., Div. 2 Jan. 24, 2023) (unpublished), prevailing party in a civil harassment proceeding (where the trial judge has discretion to award prevailing party fees per CCP § 527.6(a)) awarded $40,295 to the prevailing

Landlord/Tenant, Reasonableness Of Fees: $358,133.56 In Fees Against Tenant Operating Two Illegal Marijuana Dispensaries Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

Two Law Firms’ Requests Were Largely Sustained By Reviewing Court.             City of Santa Ana v. Yuh, Case No. G060889 (4th Dist., Div. 3 Jan. 24, 2023) (unpublished) was a situation where a tenant lost an abatement action against the City of Santa Ana for operating two illegal marijuana dispensaries.  Two firms representing the City

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