Author name: Marc Alexander

In The News . . . . Lots Of Fees At Issue in Greenberg-AIG Litigation And Veoh-Universal Music Group Copyright Dispute

In The News

AIG-Hank Greenberg Fee Battle.      AIG has announced that it has settled long-standing legal disputes with its former chairman, Maurice “Hank” Greenberg. The parties have also agreed to release each other from all claims, including Mr. Greenberg’s claims against AIG for payments of future legal fees and expenses. The settlement also covers AIG’s former CFO […]

Probate: Probate Courts Can Award Fees Against Losing Beneficiaries’ Future Trust Distributions When Their Actions Found To Be In Bad Faith

Cases: Costs, Cases: Probate, Cases: Reasonableness of Fees

Fifth District, in Published Decision, Supports Broad Equitable Powers of Probate Courts.      Probate contests are often donnybrooks between different beneficiaries or relatives. This next one was certainly that. However, the losing minority beneficiaries caused the trustee to expend lots of attorney’s fees, which were recouped when the probate court ruled they could be obtained

Routine Costs: “Lack Of Unity Of Interest” With Co-Defendants Meant That Prevailing Defendant Gained An Award Of Routine Costs

Cases: Costs

Second District, Division 4 Affirms Costs Award in Favor of Prevailing Party.      In Marina Glencoe, L.P. v. Neue Sentimental Film A.G., Case No. B203163 (2d Dist., Div. 4 Dec. 2, 2009) (unpublished), prevailing party defendant in a dismissed contractual breach action obtained a routine costs award of $14,697.58, which was appealed by the losing

Fee Clause Interpretation, 998 Offers, And Routine Costs: A Three-Fer In One Case—And A Resultant POOF! Upon Reversal Of The Fee Award

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party, Cases: Section 998

Substantial Fee Award Reversed Because Fees Provision Did Not Reach Noncontract Recovery, While Rest of Trial Court’s Fee/Costs Orders Affirmed on Appeal.      In Gaggero v. First Federal Bank of California, Case No. B207273 (2d Dist., Div. 1 Nov. 30, 2009) (unpublished), Borrower voluntarily dismissed with prejudice his equitable, statutory and breach of contract claims,

998 Offers: Revocation of Second 998 Offer Means Ultimate Judgment Is Measured By Prior Nonwithdrawn 998 Offer

Cases: Section 998

Second District, Division 4 Opts to Create “Bright Line” Rule in this Case Involving First Impression Issue.      So what happens when a defendant makes two separate pretrial settlement offers under Code of Civil Procedure section 998 but withdraws the second offer.  Against which offer, if either, is the ultimate judgment measured for purpose of

In The News . . . . California State Officials Spent Over $42,000 In Attorney’s Fees And Expenses Fighting San Onofre Nudists

In The News

Orange County Register So Reports In Recent Article.      As reported by Cindy Carcamo in her article “Records detail nudity fight” in the November 27, 2009 edition of The Orange County Register, state officials (mainly from the California Department of Parks and Recreation) spent more than $42,000 in attorney’s fees battling a group of nudists

Family Law, Judgment Enforcement, And POOF!: Wild Set Of Facts Convinces Appellate Court To Reverse $307,145.22 Fee Recovery By Husband Against Wife’s Lead Attorneys

Cases: Family Law, Cases: POOF!

Fourth District, Division 3 Finds No Predicate Basis Under CCP Section 724.080 to Award Fees For Failing To Record a Judgment Satisfaction.      Here is a Thanksgiving gift to everyone in a wild family law dispute. We knew that this one would be good when it began this way: “Family law cases, as we said

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