Author name: Marc Alexander

SLAPP Trifecta: Fees Are Mandatory To Winning Defendant … But Can Only Be Temporary If Plaintiff Obtains a (POOF!) Reversal On Appeal

Cases: POOF!, Cases: SLAPP

Next Slate of SLAPP Decisions Illustrates the Principle.      Our category “SLAPP” will certainly give you readers a wealth of information on when SLAPP winners are happy or sad. Winning defendants are entitled to an award of reasonable attorney’s fees for winning these motions, although the reasonableness caveat and need to sustain the result on […]

998 Offers: $15,000 Offer To Two Litigants For Resolution Of Their Actions Was Valid, Justifying Award Of $37,045.02 In Routine Costs

Cases: Costs, Cases: Section 998

Second District, Division 1 Finds Nothing Amiss About Substantial Costs Award.      For those of you who follow us (whether more or less religiously), you know we have Categories on the left hand side of our home page. One of the Categories is “Section 998,” discussing the effect of Code of Civil Procedure section 998

CCP Section 177.5 Sanctions: They Do Apply In Criminal Proceedings

Cases: Sanctions

  Third District Rejects Other Challenges to $1,000 Sanctions Award.      Code of Civil Procedure section 177.5 provides that a judicial officer has discretion to impose reasonable monetary sanctions, not to exceed $1.500, payable to the court for any violation of a lawful court order by a witness, party, or party’s attorney if the violation

Arbitration: Losing Attorneys Get Drastic Fee Reduction Even Though Winning Clients Never Oppose Petition to Vacate Arbitration Award

Cases: Arbitration

Second District, Division Three Has Difference in Opinion on Impact of Unopposed Petition to Vacate Arbitration Award.      Here is an interesting one for you. Clients soundly beat their former attorneys in a contractual arbitration: attorneys sought to recover $604,113.43 in fees for services rendered, while the arbitrator only awarded them $34,196.60—“a fraction of the

Civil Code Section 1717 Fees to Assignee: Make Sure Your Assignments Cover Documents With Fee Clauses … Or Else Assignees Get No Fees!

Cases: Assignment

  Second District, Division 8 Case Illustrates Lesson, Although Finds Trial Court Erred In Not Awarding Routine Costs to Assignee.       Because lawsuit claims and judgments are usually considered choses in action, they are generally assignable (except for some personal claims in the real estate, malpractice, and personal injury/likeness misappropriation areas). However, the next case

Attorney’s Fees in the News: Political Football? — Senate Bill S437 If Passed Would Allow for Deduction of Attorney-Advanced Expenses and Court Costs in Contingency Fee Cases.

In The News

  Obscure Wedge Issue in the Making?      Have we managed to identify a minor political wedge issue involving the very obscure issue of tax breaks for expenses in contingency cases?  Read on, and make up your own mind.      David Freddoso and Kevin Mooney have an opinion piece in the San Francisco Examiner under

E-Discovery Monetary Sanctions: Recent Maryland Federal Court Decision Nicely Summarizes Circumstances Justifying Monetary Cost/Fee Awards For Spoliation

Cases: Discovery, Cases: Sanctions

Case Also Addresses Other E-Discovery Issues of Interest.      Although we usually review only California decisions, a recent federal decision has a nice summary of the most typical situations justifying imposition of costs or attorney’s fees in instances where there was spoliation of potential evidence during the discovery phase of a case or after the

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