Author name: Marc Alexander

Family Law: Section 271 Sanctions Award Of $4,000 Affirmed Where Wife Had No Substantiating Evidence Or Took Inconsistent Positions On Application Of Governing Precedent

Cases: Family Law

$4,000 Out of $25,000 Expended by Husband Found to be No Abuse of Discretion.      Link to our category “Family Law” to discover lots of posts on Family Code section 271. This statutory provision allows family law judges to sanction cantankerous litigants with attorney’s fees for failing to promote settlement or cooperation in family law […]

In The News . . . . Strange Twist: Arizona’s New Anti-Immigration Statute Contains Citizen Suit Fee Shifting Provision

In The News

Uncivil Rights      A lot of fervor and controversy has swirled over Arizona’s passage of a new immigration statute which authorizes lawsuits by “any state resident” against any official or agency of the state “or its political subdivisions” that adopts any policy “that limits or restricts the enforcement of federal immigration laws . . .

Fee Substantiation: When Trial Court Bases Denial Of Fees On Independent Grounds, Address Both Grounds On Appeal Or Face Affirmance For Failure To Rebut Correctness Of Trial Court Ruling

Cases: Substantiation of Reasonableness of Fees

Second District, Division 5 Sustains Fee Denial Based on Failure to Address Fee Substantiation Inadequacies.      The next case we examine teaches a staple of appellate law: make sure you address all of the trial court’s reasons for a ruling on appeal. If you don’t, risk having the appellate court affirming based on the failure

Deadlines: Plaintiff’s Reliance on Adversary’s Fee Motion Extension, Despite Failure to File Written Stipulation, Was Excusable Neglect For CCP Section 473 Purposes

Cases: Deadlines

  Fourth District, Division 2 Finds Renege by Adversary Trumps Neglect to Comply With a Clear Rule.      Under California Rules of Court, rule 1702(c)(2), any stipulation to extend the time for filing a motion for attorney’s fees on appeal must be filed with the court before the original time has expired. The next case

In The News . . . . Wells Fargo Gets Hit With Legal Fees In Broker Raiding Case And Wife Of Alleged Embezzler Seeks Legal Fees Incurred In Seeking Return of Personal Property From Huntington Beach

In The News

  Wells Fargo Advisors LLC Ordered to Pay $948,000 in Fees/Costs to Stifel Nicolaus & Co., Inc.      Wells Fargo Advisors LLC has been ordered by the Financial Industry Regulatory Authority Inc. arbitration panel to pay $633,000 in attorney’s fees to Stifel Nicolaus & Co., Inc. and $282,000 in fees to Chris Nielsen, a former

SLAPP: Law Firm “Saddled” With $76,275 SLAPP Fees Award For Failure To Make An Untimely Objection 19 Months “After The Horse Left The Barn”

Cases: Deadlines, Cases: SLAPP

U.S. District Judge Says “Nay” to Untimely Objection, Refusing to Follow Unpublished State Court Decision and Finding “The Horse Relevant to the Objection Left the Barn” Long Ago.      Here is an interesting development that Mr. Ed of an erstwhile television series (the proverbial “horse, of course, of course”) would be proud of. It also

Appealabiliy: Prior Appellate Reversal Of Attorney’s Fees Award Seals Fate For Supplemental Fee Award Appeals By Both Sides

Cases: Appealability

One Supplemental Fee Order Is Summarily Reversed on Appeal; Another is Dismissed as Moot.       Here is a post that only appellate practitioners can love. However, we examine all decisions across the board (and do argue on appeal ourselves, on occasion). So, here you go.       Plaintiff appealed a fee award awarding bank more fees

Which Matters Most: The Dog or The Litigation Fee Tail? Appellate Practice on Review of Attorneys’ Fees Awards

CONTINUING LEGAL EDUCATION

05/11/2010 Presented by: Association Committee Meeting Subsection/Committee: Appellate Courts Program Information: This meeting will explore ways to present fee petitions to obtain successful trial and appellate results; standards of review; statements of decisions and specificity in trial court fee orders; discovery in fee proceedings; and appellate issues encountered in diverse areas such as SLAPP awards,

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