Author name: Marc Alexander

Family Law Awards: Duplicative Civil Proceeding To Family Law Matter Does Not Necessarily Justify Family Code Section 271 Sanctions

Cases: Family Law, Cases: Sanctions

Fourth District, Division 2 Upholds No Sanctions Award in Unpublished Opinion.      In our category “Family Law Awards,” we have surveyed many past decisions awarding fees against family law litigants based on Family Code section 271, which allows an award of fees as a sanction against a litigant that frustrates settlement, increases the cost of […]

Enforcement of Costs/Fee Awards: Trial Court Still Has Discretion To Order An Undertaking For Postjudgment Costs/Fee Order Even Where Defendants Paid Off Prior Damages Judgment

Cases: Appealability, Cases: Judgment Enforcement

First District, Division 1 Grants Writ of Mandate Because Trial Court Failed to Exercise Any Discretion on Undertaking for Substantial Cost/Fees Order.      This post is somewhat complimentary to our June 12, 2009 post on Tracy v. Tracy, where a reversal and remand was required because a trial court failed to actually exercise its discretion

Routine Costs: Trial Court’s Misreading Of Judgment And Failure To Exercise Discretion In Determining Prevailing Party For Costs Purposes Required Remand

Cases: Costs, Cases: Standard of Review

Second District, Division 2 Stresses That Record Must Show Discretion Was Actually Exercised.      Although an order denying routine costs is reviewed under the deferential abuse of discretion standard, there is an important qualifier to application of this rule—there must be an indication that the trial court actually did exercise discretion. If a judge misreads

Federal Routine Costs and Civil Rights Fees: Ninth Circuit Rejects Creative “Prevailing Party” Costs Claim By Losing Plaintiff And Remands Denial Of Defense Fees Decision For Reconsideration

Cases: Civil Rights, Cases: Costs, Cases: Prevailing Party

Illinois Sitting Judge Shadur Raises Alchemy Analogy in Court of Appeal Decision.      Federal court costs are routinely rewarded to the prevailing party—especially the party winning a summary judgment motion or trial against a plaintiff. Even though this happened in the context of a summary judgment proceeding, the plaintiffs in the next case tried to

Appealability: Failure To Appeal The Correct Fee Award Prevents Review

Cases: Appealability

Third District Finds No Jurisdiction to Review Under Unusual Procedural Backdrop.      In our category “Appealability,” we have canvassed many prior decisions on when an appeal of a prior merits judgment can also subsume and preserve appellate review for a subsequent postjudgment fee award liquidating the amount of the award. For example, we have looked

FDCPA: Attorney’s Fees For “Bad Faith” Actions Cannot Be Assessed Against Plaintiff’s Attorneys

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Ninth Circuit Addresses First Impression Issue, Departing From Result Reached by Other Federal Courts.      The Federal Debt Collection Practices Act (FDCPA), at 15 U.S.C. section 1692k(a)(3), provides that a district judge may award to the defendant reasonable attorney’s fees on a finding that an FDCPA action was brought “in bad faith and for the

Lemon Law: Appellate Court Affirms $344,600 Fee Award, Adds Another $57,587 For Discovery Referee Fees, And Remands For More Postjudgment Fees

Cases: Consumer Statutes, Cases: Discovery, Cases: Reasonableness of Fees

Fourth District, Division 3 Affirms and Augments Fee Awards, After Also Determining that Defense Tactics Required Terminating Sanctions For Bad Faith Discovery Abuses.      Here is another wild one, dictated by the unusual set of facts at play. It is also a modern day parable reminding all litigators that they need to avoid “hiding the

Construction Indemnity/Duty to Defense Added Bonus: The Orange County Lawyer Has A June 2009 Article On The Subject.

Cases: Indemnity

Articles Discusses California Supreme Court’s Crawford Decision In Depth.      On June 6, 2009, we posted a discussion on the trial court’s decision in SSR Marlowe, which placed dispositive weight on the earlier California Supreme Court decision in Crawford v. Weather Shield, 44 Cal.4th 541 (2008).      Daniel Lee Jacobson, an Orange County attorney and

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