Author name: Marc Alexander

Attorney’s Fee Awards And Fee Requests In The News … Redwood City Gets Tagged, E*TRADE Financial Will Seek Large Fees, and Bluetooth Class Action Plaintiffs’ Lawyers Seeks Fees Drawing Numerous Objections

Cases: Class Actions, Cases: Private Attorney General (CCP 1021.5), Off Topics

Redwood City Assessed About $260,000 Under Private Attorney General Statute.      Redwood City lost a CEQA challenge by local attorney Joe Carcione (son of Joe Carcione, the Green Grocer) who sued arguing that the EIR was inadequate for the “Downtown Precise Plan,” a plan with a vision for up to 2,500 new high-rise housing units […]

Construction Indemnity And Duty To Defend Clauses: Unless You Have An Express Disclaimer, Lower Tier Construction Participants May Owe Defense Duties to Higher Up Participants

Cases: Indemnity

  Los Angeles County Judge Carl J. West Grants Summary Adjudication to General Contractor; New Civil Code Section 2782(d) Has New Rules For Construction Projects After January 1, 2009.      In SSR Marlowe, LLC v. Taisei Construction Corp., Case No. BC363862 (L.A. County Superior Court June 4, 2009), Los Angeles County Superior Court Judge Carl

Substantiation of Fee Request: Attorney Billings Are Not An Absolute Requirement For Support Of A Fee Motion

Cases: Substantiation of Reasonableness of Fees

Second District, Division 5 Follows the Rule … But Still Provide Specificity!      The next case has a little something for everybody, principally the type of fee substantiation that will pass muster in California state fee proceedings.      In Cruz v. Martin, Case No. B209880 (2d Dist., Div. 5 June 4, 2009) (unpublished), plaintiff won

Family Law Awards: Court Of Appeal Affirms $30,000 "Needs" Fee Award In Divorce Proceeding Which Could Have Come Out of "The OC"

Cases: Family Law, Cases: Standard of Review

Fourth District, Division 3 Sustains Award In a Wild Dissolution Case.      For you television fans of “The OC,” we next discuss a case that could have served as an episode on the show—only with even more startling facts than the episodes that actually aired. It also demonstrates the limits of appellate review for fee

Contractual Fee Arbitration: $1,078,897 Fee Award Affirmed Against Client/Tenant

Cases: Arbitration

Second District, Division 8 Found Client Waived MFAA Nonbinding Arbitration Through Malpractice Allegations in AAA Cross-Demand.      Many times in the past, we have examined the interplay between contractual arbitration and the mandatory fee arbitration act (MFAA, Bus. & Prof. Code, § 6200). Basically, under the recent California Supreme Court’s opinion in Schatz v. Allen

Tort of Another: Purchasers Of Challenging Driveway Recoup Fees From Prior Action Against Prior Owner/Contractor For Negligent Construction Of Driveway Impairment

Cases: Fees as Damages

Sixth District Determines Trial Court Properly Applied “Tort of Another” Doctrine in Favor of Landowners With the Challenging Driveway.      Co-contributors Marc and Mike have written an article on when attorney’s fees may be awarded as damages in certain cases. (See “When the American Rule Doesn’t Apply: Attorney’s Fees as Damages in California Litigation,” California

Special Fee Shifting Statute: Third District Affirms $29,674 Fee Award Against Sacramento County In A Contempt Proceeding To Enforce Injunction Abating A Nuisance

Cases: Section 1717, Cases: Special Fee Shifting Statutes

Court of Appeal Enforces Faces the Conflict Between Civil Code Section 1717 and Government Code Section 25845(c).      Civil Code section 1717 is straightforward in allowing for mutual recovery of attorney’s fees in California by a prevailing party where a contractual clause so authorizes such a recovery. However, sometimes this provision seemingly comes into conflict

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