Author name: Marc Alexander

Civil Code Section 1717: Victorious Defendant In Case Involving Promissory Note Entitled To Fees, Even Though Foreclosure Contemplated Further Action—Prevailing Party Status Established Where Plaintiff Allowed Foreclosure Remedy To Lapse

Cases: Prevailing Party, Cases: Section 1717

  First District, Division 2 Deals With Interesting Finality Issue With Respect to Prevailing Party Status.      The interesting (and fun) part of this blog is reviewing unpublished decisions that actually confront very challenging issues arising from the array of procedural twists that can (and do) occur in civil litigation.     The next one deals […]

Bankruptcy: Ninth Circuit Clarifies Scope Of Attorney’s Fees Recoverable For Enforcing Automatic Stay

Cases: Bankruptcy Efforts

Fees Are Not Recoverable For Prosecuting Stay “Damages” Claims Unconnected to Actual Enforcement of Stay Violation.      For you bankruptcy practitioners, we have a recent case of interest about the attorney’s fees recoverable in enforcing the automatic stay. Do they extent to subsequent “damages” claims in a bankruptcy adversary proceeding apart from actions that actually

Family Law/Foreign Judgment Enforcement: British “Maintenance” Award Of Attorney’s Fees Was “Support” Award That Could Not Be Enforced Under Uniform Foreign Money-Judgments Recognition Act

Cases: Family Law, Cases: Judgment Enforcement

Third District Reverses Trial Court Recognition of Fee Award from Britain.      In the next one, Brits might think that we pesky U.S. rebels just have it in for them. Not quite, it simply was a technical interpretation of what awards can and cannot be enforced under the Uniform Foreign Money-Judgments Recognition Act, Civil Code

EAJA Federal Circuit Court Split: U.S. Supreme Court To Hear Case On Whether Social Security Disability Fee Awards Are Payable To Client Or Client’s Attorney

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

High Court To Resolve Split Among Federal Courts of Appeals.      In our September 12, 2009 post on Stephens v. Astrue, 565 F.3d 131 (4th Cir. 2009), the case involved a split among the federal circuit courts on whether Social Security disability fee awards go to the claimants or their attorneys. This is not an

Broad Fees Clause And Failure To Challenge Excessiveness Of Fee To Winner Spells Trouble For Losing Country Club Members

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

  Fourth District, Division 1 Affirms $779,955.97 Postjudgment Fees/Costs Award.      The next case covers several cross-over issues: fees clause interpretation; apportionment between covered and noncovered claims; and reasonableness of fees.      Here we go.      In Urquhart v. Del Mar Country Club, Case No. D052711 (4th Dist., Div. 1 Sept. 28, 2009) (unpublished), a

Real Estate Mediation Clauses: Fee Award To Winning Sellers Affirmed Because Sellers Did Show A Willingness To Mediate

Cases: Mediation

  Buyers' Failure to Respond to Sellers' Mediation Efforts Meant Mediation Clause Was Complied With.      We have surveyed many cases in the past that have strictly enforced CAR form mediation clauses, those provisions requiring that the parties attempt to engage in mediation before going to court in order to be qualified for an attorney's

POOF!: Reversal Of $30 Million Interference Judgment Means Substantial Costs Awards Went POOF! Too

Cases: POOF!

Costs Reversed For Redetermination After Future Retrial Or After Appellate Remand in Indian Casino Development Case.      The Fourth District, Division One Court of Appeal recently reversed a $30 million interference judgment, based on an inconsistent jury verdict, in an Indian casino development drama that was played out in San Diego County Superior Court.     

Section 998 Offers: Court Of Appeal Finds $1,501 Pretrial Settlement Offer Was Reasonable And In Good Faith Where Jury Defenses Personal Injury Plaintiff On Causation Issue

Cases: Section 998

998 Offer Was Made After Plaintiff Received Medical Treatment; Third District Affirms $58,821.98 Costs Award Against Plaintiff.      Timing is everything in judging the reasonableness of Code of Civil Procedure section 998 offers, as the next case shows.      In Dutta v. Coker, Case No. C056023 (3d Dist. Sept. 28, 2009) (unpublished), plaintiff car passenger

Correction On Past Post: October 9, 2008 Post On Lu v. Grewal Has An Error

Cases: Liens for Attorney Fees, Cases: Reasonableness of Fees

Department of Corrections.           We do not claim to be infallible, and thank a reader who recently drew our attention to our October 9, 2008 post on Lu v. Grewal. In our synopsis, we erroneously said “Plaintiff was unhappy, appealed, and lost,” whereas it should have said “Defendants were unhappy, appealed, and lost.” We do

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