Author name: Marc Alexander

Family Law: No Abuse of Discretion to Award $5,000 Attorney’s Fees to Spouse, Given Parties’ Respective Incomes, Needs, and Ability to Pay

Cases: Family Law, Cases: Standard of Review

Fourth District, Div. Two, Upholds $5,000 Award in Attorney’s Fees to Wife, Where Husband Failed to Cite Evidence Supporting a Denial of the Request for Fees.      Mr. Parga sought to terminate his spousal support obligations to his former wife.  The court denied the husband’s request and awarded the wife $5,000 in attorney’s fees.  An […]

Choice of Law: Second District, Division Five Upholds Denial of Attorney’s Fees Under California Law

Cases: Choice of Law

Appellants Fail to Get Past First Base Because They Did Not Establish Material Difference in the Laws of California and Bermuda.      Defendants/appellants succeeded in getting the trial court to strike a tardy amended complaint.  Defendants then argued that under Bermuda law, they were entitled to fees of $105,237.30 as the prevailing parties.  Defendants argued

Appealability: Interlocutory Order in Partition Action Finding Party Prevailed and Incurred Attorney’s Fees for the Common Benefit was Not Appealable

Cases: Appealability, Cases: Special Fee Shifting Statutes

Second District, Div. 4, Explains that Interlocutory Judgment Determing Interests of the Parties and Ordering Partition is Appealable – But Interlocutory Order Finding a Party Prevailed and Incurred Costs and Attorney’s Fees for the Common Benfit of the Parties is Not Appealable.      In Alaeddin Enayati v. Hessamedin Enayati, B213264 (2nd Dist., Div. 4 July

Objection to Order Granting Attorney’s Fees is Waived by Failure to Support It With Argument or Citation of Legal Authority

Cases: SLAPP

Waiver Results in Second District, Division Three’s Affirmance of Orders Awarding $11,645 and $25,278.50 in Attorney Fees.      After the trial court granted an order to strike an action for malicious prosecution, brought by Van Wormer Resorts, Inc. (VWR), WVR appealed the order, as well as the granting of attorney’s fees in favor of defendants/respondents

In the News: Judge Denies Legal Fees to Stanislaus County, Prevailing Party in Harassment Lawsuit

Cases: Civil Rights, In The News

The Math:  Total Bill = $783K, Attorney’s Fees = $674K, Experts = $108K, Depositions and Transcripts = $40K, Fee Recovery = $0.      Lydia Lopez, a former Sheriff’s Department Clerk, lost a harassment suit against the County of Stanislaus.  Merrill Balassone reports in the Sacramento Bee that Ms. Lopez’ attorney Jeffery Hubbins claims the County

In the News: City Of Pleasanton Reaches Tentative Settlement That Will Obligate It To Pay $1.9M in Attorney’s Fees To Public Advocates Inc.

In The News

Again Illustrating that Attorney’s Fees are the Tail that Wags the Litigation Dog . . .      Under the heading, “Pleasanton reaches settlement over housing cap lawsuit”, Robert Jordan reports in the Contra Costa Times that Pleasanton has reached a tentative settlement that will, if finalized and approved, obligate Pleasanton to pay $1.9M in attorney’s

SLAPP And Lanham Act: Jim Brown Does Not Incur Attorney’s Fees Exposure In False Exploitation Federal Case

Cases: SLAPP, Cases: Special Fee Shifting Statutes

  No Fees Under SLAPP or Lanham Act Fee Shifting Provisions.      Well, everyone knows about James “Jim” Brown, maybe the best professional football running back of all time. In the next case, Jim Brown dodged fee exposure under the Lanham Act and under California’s SLAPP statute.      He brought a false exploitation of image

Section 998: Lump Sum 998 Offer Made To Class Representative of Multiple Classes Found To Be Invalid

Cases: Allocation, Cases: Class Actions, Cases: Section 998

Fourth District, Division 1 So Rules, Assuming 998 Offers Are Valid in a Certified Class Situation.      Nelson v. Pearson Ford Co., Case No. D054369 (4th Dist., Div. 1 July 15, 2010) (certified for publication) is an interesting decision where significant fees were awarded in a class action involving a California consumer-shifting fee statute. However,

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