Author name: Marc Alexander

Family Law: Court Of Appeal Affirms $26,504.85 Fees/Costs Award In Domestic Violence Restraining Order Dispute

Cases: Family Law, Cases: Reasonableness of Fees, Cases: Standard of Review

Fees/Costs Were Justified Under Family Code Section 6344(a).      Under Family Code section 6344(a), a trial court may award attorney’s fees and costs to a prevailing party in a proceeding concerning a domestic violence restraining order after notice and a hearing on the issue. This provision was squarely at issue in the next case we […]

Remedies, Fee Shifting Provisions and Settlement Efforts: Appellate Court Partially Reverses Based On Lack Of Privity But Sustains Other Fees In Complex Development Agreement Case

Cases: Section 1717, Cases: Special Fee Shifting Statutes

Fourth District, Division 1 “Multitasks” in Covering a Wide Gamut of Fee Issues in Recent Unpublished Opinion.      Here is a review of a complex and wild decision covering a myriad of remedy and fees issues in the context of City of Novato’s dispute with a developer and its successor over performance of two separate

Court-Appointed Conservatorship Attorney Fees: Lower Court Discretion Is Wide To Award Fees to Conservatee’s Court-Appointed Counsel

Cases: Probate

  Fourth District, Division 1 So Holds in Unpublished Decision.        It is probably not a good idea to challenge the fees of a court-appointed attorney in a contentious conservatorship battle. The attorney is usually having to sort out conflicting heat from different sides, so that counsel’s application for fees will usually be granted unless

Attorney’s Fees In the News . . . . Hourly Fee Requests Range From $490-765 In Spoliation Sanction Proceeding in RealNetworks Federal Case

In The News

  Sanctions Battle Gives Insight Into Requested Rates.      RealNetworks and DVD Copy Control Association (a nonprofit organization composed of certain entertainment studios) are engaged in federal litigation over RealNetworks’ software product that DVD Copy alleges to violate the Digital Millennium Copyright Act because it circumvents the content-scramble system license granted to RealNetworks by DVD

Indemnity Clauses: Escrow Company Not Entitled To Fee Award Because Indemnity Clause Did Not Allow For First Party Recoupment Of Fees

Cases: Estoppel, Cases: Indemnity, Cases: POOF!

Second District, Division 8 Follows Myers-Campbell-Carr Line of Cases In a Scholarly Unpublished Decision.      In our category “Indemnity,” we have surveyed cases where attorney’s fees have and have not been awarded where contracts contain indemnity clauses. The result frequently depends on the wording of the clauses. If the clauses only really cover exposure relating

Receiverships: Order Approving Receiver’s Final Plan and Payment of Fees (Including Attorney’s Fees) Is An Appealable Order

Cases: Appealability

  Defendant’s Failure to Properly Appeal Order Precluded Substantial Review by Court of Appeal.      If you are going to enter into the world of appellate practice, you must perfect your appeal by properly specifying what is being appealed. Otherwise, you are not likely to get to first base and certainly provide the reviewing court

Another Attorney’s Fees Issue In the News …. City of San Francisco Considers Settling A Contract Dispute Where Substantial Fees At Play

In The News

City Faces Potential $13 Million Hit, But Will Consider Recommendation to Settle for $5.9 Million.      City of San Francisco suffered an adverse jury verdict in a contract dispute with Transdyn Controls and Cresci Electric Inc. The jury found that the City improperly withheld $2.3 million in payments, eventually awarding damages of $3.6 million. With

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