Author name: Marc Alexander

Special-Fee Shifting Statute: $83,545 Attorney’s Fees Award Affirmed As Against Losing Employee And In Favor Of Palos Verdes Peninsula Unified School District

Cases: Special Fee Shifting Statutes

Summary Judgment Affirmed, and Fees Properly Awarded For Bringing Torts Claim Without Basis.      Under Code of Civil Procedure section 1038, when a defendant in a case brought under the Torts Claim Act prevails on summary judgment, the defendant may obtain an award of attorney’s fees if the trial court determines the action was not […]

Special Fee-Shifting Statute In Taxpayer Dispute: Appellate Court Reverses $220,000 Fee Award In Taxpayer’s Favor As Against Franchise Tax Board

Cases: Special Fee Shifting Statutes, Cases: Taxation

First District, Division 4 Determines FTB Was Substantially Justified in Defending Case.      In a lawsuit against the State of California (including the Franchise Tax Board) for a tax refund, a prevailing taxpayer may be awarded attorney’s fees unless the State of California “establishes that its position in the proceeding was substantially justified.” (Rev. &

SLAPP: Partial SLAPP Grant And Reversal Of Another Claim On Appeal Means … Remand To See If Partial Winner Gets Fees

Cases: SLAPP

First District, Division 5 So Holds in City of Pleasanton Referendum Dispute.      We have to say that defendant victors—even partial victors—are usually awarded some amount of fees for winning anti-SLAPP motions, which carry a mandatory fee-shifting bias for defendant winners. (If you don’t believe this, see our category “SLAPP.”) The next case is but

Mediation: Defendants Beware—Cooperate In Mediation Efforts Or Be Refused Attorney’s Fees Even if You Prevail Under Real Estate CAR Form Fee Clauses

Cases: Mediation

  Second District, Division 5 Reiterates Bitter Lesson for Defendants Losing Opportunity to Recoup Fees as the Prevailing Parties.      Under our category “Mediation,” we have surveyed both published and unpublished decisions that hold contracting parties must strictly comply with the terms of CAR-form real estate purchase agreement fees clauses, which require a suing party

Costs: If Not Allowed But If Not Prohibited, Trial Courts Can Discretionarily Award Costs If “Reasonably Necessary To The Conduct Of The Litigation”

Cases: Costs

Second District, Division 7 Clarifies Costs Discretionary “Safety Net.”      Frequently, we have litigated cases where opponents or trial courts are disposed to fight award of routine costs unless they are expressly allowable under Code of Civil Procedure section 1033.5(a). Well, believe it or not, that is not quite right. The next case puts things

Family Law Award: $50,000 Family Code Section 2030 Award Affirmed

Cases: Family Law

Fourth District, Division 1 Discusses Broadness of 2030 Motion Procedure.      The next case is not remarkable for affirming a “needs” award under Family Code section of $50,000 in wife’s favor. It is remarkable for showing the broad discretion and procedure that governs these awards by family law judges.      In Marriage of Erwin-Rios and

Civil Code Section 1717 And Alter Ego Case: Litigant Beating Alter Ego Theory Entitled to Fee Award

Cases: Prevailing Party, Cases: Section 1717

Second District, Division 4 Affirms $20,000 Fees/Cost Award to Alter Ego Winner.      In Legacy Construction and Development, Inc. v. De Francesca, Case No. B208851 (2d Dist., Div. 4 July 13, 2009) (unpublished), a defendant, following presentation of plaintiff’s declaratory relief case, obtained a ruling that he was not the alter ego of a separate

Requests For Admissions: Segregate Time And Apportion To RFA Denials … Or Bear The Consequences—No Fee Recovery

Cases: Requests for Admission

Fourth District, Division 1 Denies Fees Based on Lack of Apportionment.      Here is a case with a pragmatic reminder for all litigators feeling they have a shot at recovering attorney’s fees under Code of Civil Procedure section 2033.420, the Discovery Act provision allowing a requesting party to recover attorney’s fees incurred in proving the

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