Author name: Marc Alexander

Civil Code Section 1717 And Mediation Clause: Real Estate Buyer Losing Fraud Case Suffers $122,100 Adverse Fee Award

Cases: Mediation, Cases: Prevailing Party, Cases: Section 1717

Second District, Division 6 Also Interprets Mediation Requirement in CAR Form Contract.      Buyers sometimes get confused over their obligations under CAR real estate form contracts, especially the ones involving an award of attorney’s fees (which clauses have been held to reach fraud/nondisclosure claims). One of the most frequent causes of confusion is the mediation […]

Prevailing Party: Unsuccessful Injunctive Action Was Discrete Legal Proceeding Allowing For Award Of Civil Code Section 1717 Fees

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

First District, Division 4 Follow Acosta-Otay Line of Cases.      There has been quite a splash of jurisprudence lately on the question of when a prevailing party can be adjudged in mixed legal-arbitration proceedings. The next case is the latest addition to the case law on this subject.      In Turner v. Schultz, Case Nos.

Attorney’s Fees In The News …. Bluetooth Settlement Update and Water Lawyer Fees For Some Orange County Water Districts

In The News

Bluetooth Settlement Approved, But More Information On Fees Requested From Plaintiffs’ Attorneys.      In our June 7 , 2009 post, we described the pending class action settlement of a case that alleged Motorola, Plantronics, and GN Netcom failed to adequately warn Bluetooth owners about potential hearing losses from use of the devices.      Earlier this

Attorney’s Fees In The News … Lenny Dykstra Bankruptcy Filings List Lawyer Debts And San Diego Attorney Wants Civil Rights Fee in Squaw Valley Furloughed Employee Benefits Brewing Dispute

In The News

Lenny Dykstra’s Legal Bills.      Lenny “Nails” Dykstra filed for Chapter 11 bankruptcy protection in California last Tuesday, July 7, listing some pretty substantial fees owing to several law firms.      The bankruptcy filings show he owes K&L Gates about $1.5 million in fees and owes a little over $342,000 to O’Melveny & Myers. (Mr.

Trustees: You Can Rejoice …. Nonsanction Attorney’s Fees Should Be Awarded Against You In Representative (Not Personal) Capacities

Cases: Bankruptcy Efforts, Cases: Probate

  Ninth Circuit So Holds In Arizona Case, But Relies on California Authorities.      All of you trustees out there—whether in a probate or bankruptcy context—can breathe a little easier given the next holding from a recent Ninth Circuit case. Although involving Arizona substantive law, the Court of Appeals relied on analogous California authority so

Attorney’s Fees In the News . . . . Lewis Brisbois Suffers $6 Million Malpractice Verdict When Trying To Collect $1 Million Receivable

In The News

Los Angeles County Jury Sides With Plaintiff.      Lewis Brisbois Bisgaard & Smith was owed over $1 million by ReadyLink Healthcare, Inc., a nursing registry that provides hospital staffing, as a principal result of Lewis Brisbois' unsuccessful handling of a trade secret trial (as well as other matters) on ReadyLink's behalf. ReadyLink eventually sued for

E-Discovery: Georgia Federal Court Orders Defendant To Reimburse Plaintiff $1,022,700 In Attorney’s Fees And Costs As Discovery Sanction

Cases: Discovery, Cases: Sanctions

District Court Opts for Sanctions Rather Than Entering Astronomical Default Judgment.      This one certainly caught our eye and illustrates how e-discovery sanction can involve steep reimbursement of significant attorney’s fees and costs.      In Kipperman v. Onex Corp. (Kipperman II), 2009 U.S. Dist. LEXIS 44457 (N.D. Ga. May 26, 2009), a district judge found

Attorney’s Fees In the News . . . . Santa Barbara County Supervisor Doreen Farr Loses Bid For Attorney’s Fees Award From Superior Court

In The News

She Vows to Appeal the Fee Denial.      Third District Santa Barbara County Supervisor Doreen Farr was declared the winner over Steve Pappas, her opponent in last year’s supervisorial race, by 806 votes. Mr. Pappas filed suit to unseat Ms. Farr, but the challenge failed to disqualify allegedly fraudulent votes cast in the November 4,

FOIA: No Fees Recoverable Where Documents Voluntarily Turned Over Before 2007 Amendments

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Ninth Circuit Determines 2007 Catalyst Amendments Are Not Retroactive in Nature.      Under the Freedom of Information Act, 5 U.S.C. § 552, a complainant in a FOIA action is deemed to be eligible for an award of attorney’s fees if he has “substantially prevailed” on his claim. 5 U.S.C. § 552(a)(4)(E) (prior to 2007 amendments).

Civil Code Section 1717: Bankruptcy Related Actions Were Recoverable By Successful Lender

Cases: Bankruptcy Efforts, Cases: Discovery, Cases: Section 1717

Fourth District, Division 1 Finds No Basis To Assess Fees Against Nonsignatory Individual Principal In the Absence of an Alter Ego Finding.      In New Century Corporation v. Positive Investments, Inc., Case No. ECU03797 (4th Dist., Div. 1 July 8, 2009) (unpublished), lender was awarded attorney’s fees of $83,329 under an attorney’s fees clause of

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