Author name: Marc Alexander

POOF!: Arbitration and CEQA Fee Awards Fall With Reversal of Underlying Matters

Cases: Arbitration, Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

Two Appellate Courts Show That Fees May Rise and Fall With Later Dispositions. Arbitration—Burlage v. Superior Court, Case No. B211431 (2d Dist., Div. 6 Aug. 31, 2009) (certified for publication)      This case is going to attract attention, because Presiding Justice Gilbert (author of a 2-1 majority opinion) has taken on the principle that Moncharch […]

Settlement: Attorney’s Fees Awarded When Party Seeking Enforcement Of Settlement Agreement Did Not Expressly Obtain Retention Of Jurisdiction Prior To Lawsuit Dismissal

Cases: Section 1717, Cases: Settlement

First District, Division 3 Highlights Pitfalls of CCP Section 664.6 in the Retention of Jurisdiction Area.      Code of Civil Procedure section 664.6 concerns judicial enforcement of settlement agreements through an expeditious motion procedure. The last sentence of this provision states: “If requested by the parties, the court may retain jurisdiction over the parties to

Prevailing Party: Voluntary Settlement Of Contractually-Based Claims, Even Though In Tort Or Equity, Prevents Award Of Fees Under Santisas

Cases: Prevailing Party, Cases: Section 1717

Fifth District So Rules In Unpublished Decision, Rejecting That “Labels” Rather Than Substance Are Governing.       Santisas v. Goodin, 17 Cal.4th 599 (1998) [one of our Leading Cases] held that Civil Code section 1717 bars an action voluntarily dismissed as a result of a settlement to the extent contract claims were involved in the dismissed

Requests for Admissions: Court Of Appeal Reverses $17,500 Fee Award Granted Against Plaintiff Suffering Nonsuit In Premises Liability/Negligence Lawsuit Against HOA

Cases: Requests for Admission

  First District, Division 1 Finds HOA Never Had To Prove The Truth Of Matter Initially Denied But Then Admitted During Subsequent Pretrial Deposition.      In our category “Requests for Admissions,” we have explored several decisions granting or denying attorney’s fees and costs requests under Code of Civil Procedure section 2033.420. That statutory provision provides

Civil Rights: "The Big Chill" — Victorious Defendants Seek Attorney’s Fees from Nonprevailing Plaintiffs

Cases: Civil Rights

  But Outcome in Three Recent Cases Sends Only a Little Chill, as California Courts Rebuff Defendants’ Attempts.      Dan Levine reports in The Recorder on three recent efforts by successful defendants in civil rights cases to collect attorney’s fees from losing plaintiffs.       Plaintiffs who sued the Metropolitan Transportation Commission  challenging San Francisco Bay

Civil Rights: Rejected Informal Settlement Offers Can Be Used As An Indicator Of Success For Purposes of Calculating Attorney’s Fees Lodestar

Cases: Allocation, Cases: Civil Rights, Cases: Section 1717, Cases: Settlement

Third Circuit Court of Appeals So Holds Under 42 U.S. C. Section 1988; California State Court Decisions Split In Analogous Areas, But Ninth Circuit Disagrees.      On July 23, 2009, the Third Circuit Court of Appeals, in Lohman v. Duryea Borough, __ F.3d __, 2009 WL 2183056 (3d Cir. 2009), affirmed a district judge’s decision

Family Law Awards: Wife’s Requests For Interim Payments Of $250,000 In Attorney’s Fees And $75,000 In Expert Fees Rebuffed By Trial And Appellate Courts

Cases: Family Law

Wife Awarded Interim Fees of $60,000 Based on “Need.”      Many times in the past, in our category “Family Law Awards,” we have surveyed “needs based” fees awards in family law matters under Family Law Code sections 2030 and 2032. The main objective is to provide fees so that one of the litigants has a

Private Attorney General Statute: No Public Interest/Significant Benefit Where Nonprofit Organization Obtained Further Review of Endowment Application Due To Computer Glitch, But Did Not Modify Endowment Policies

Cases: Private Attorney General (CCP 1021.5)

First District, Division Three Affirms Denial of Fee Request under CCP section 1021.5.      In Rural Media Arts and Education Project v. Hildreth, Case No. A123740 (1st Dist., Div. 3 Aug. 25, 2009) (unpublished), nonprofit organization—headquartered in the old Masonic Hall in the downtown historic Mariposa district—applied for a grant of funds under the California

Personal Injury Cases: Liability For Attorney’s Fees Not Includable Under the Made-Whole Rule in Auto Insurance Med-Pay Cases

Cases: Allocation, Cases: Insurance

  California Supreme Court Decides Fee Are Subject to Separate Equitable Apportionment in a Pro Rata Sharing Manner.      Here is one for personal injury/insurance defense cases in boutique first party, no-fault medical payment (med-pay) insurance payment cases. This may narrow our readers who have interest in this post, but here you go anyway.     

In The News and Follow Up On Past Posts Of Interest: Suleman Action And Choi/Great Park Updates . . . Plus, A Look At the New Court of Appeal Building in Santa Ana

Cases: Private Attorney General (CCP 1021.5), Cases: Probate, In The News

Suleman Case—Guardian Ad Litem Appointment Reversed and Superior Court Judge Allows Petersen Suit to Continue.      On May 9, 2009, we reported on an action filed by child rights activist Paul Petersen, who had an objective to get a guardian appointed for the octuplets of Nadya Suleman. We have some updates for you on this

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