Second District, Division 1 Rules Plaintiff’s Mandate Challenge to Compel City To Award a Contract Through Competitive Bidding Not Subject to anti-SLAPP Statute. City of Pico Rivera likely felt pretty good after SLAPPing a plaintiff business’s mandate challenge to City’s invalidation of a contract with plaintiff and reentry into a contract with one of […]
Trial Court Had Jurisdiction to Award Fees While Merits Appeal Pending and Borrower Was the Prevailing Party. Borrower on a loan, even after an initial appeal, reduced a loan balance to only $3,602.72 after an offset for usurious interest. The lower court refused to award costs to lender and also awarded $43,960 to borrower
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Lower Court Did Not Err in Refusing to Award Costs, Says Fourth District, Division 3. In Helmy v. Assaf, Case No. G041883 (4th Dist., Div. 3 Feb. 4, 2010) (unpublished), plaintiffs achieved limited success in a declaratory relief action over the membership and control of the board of directors of a nonprofit named the
Second District, Division 1 Affirms Substantial Judgment in Favor of Lemon Law Plaintiff. California’s Lemon Law, codified in the Song-Beverly Act (Civ. Code, § 1790 et seq.), has a mandatory fee-shifting provision in favor of prevailing plaintiffs. (See Civ. Code, § 1794(d).) The next decision affirmed a substantial judgment, inclusive of compensatory
Plaintiff Cannot Recover Fees From Nonsettling Litigants Where Offsets From Settling Litigants Result in a Zero Judgment. The California Supreme Court, in a much anticipated decision, has decided an important “prevailing party” issue in Goodman v. Lozano, Case S162655 (Cal. Supreme Ct. Feb. 4, 2010) (published). Our state supreme court
Evidence Code Section 641 Mailing Presumption Can Be Rebutted. In our category “Mediation,” we have seen that courts routinely enforce mediation clauses in real estate purchase contracts where the clauses are condition precedents to fee recovery. However, certain provisions are only triggered where the nonsuing party refuses mediation—which may require proof that the mediation
Ninth Circuit Finds Government Reliance on Expert Opinion Not Tantamount to Misconduct. Here is a rare one for you federal criminal practitioners. The Hyde Amendment, 18 U.S.C. § 3006A, permits the court to award attorney’s fees to a defendant in a criminal prosecution where the government has acted in a manner that was
Mutuality Principle Did Not Kick In Where No Basis For Fee Recovery Existed Between Assignor and Assignee. Civil Code section 1717’s mutuality principle is well renowned and followed frequently. However, it will not even come into operation if there is no basis for the nonprevailing party to have recovered any contractual fees from the
Ninth Circuit Affirms District Judge’s Fee Award In One Dollar Award Case. The circumstances of a case often dictate its result. This is the hallmark of jurisprudence, highlighted in the next fee case that we review. In Mahach-Watkins v. Depee, Case No. 08-15694 (9th Cir. Feb. 1, 2010) (for publication), estate of a
