Author name: Marc Alexander

Mobilehome Residency Law: Fees Awardable To Prevailing Party Even If He/She Is Not A “Homeowner”

Cases: Special Fee Shifting Statutes, Cases: Standard of Review

  First District, Division 5 Interprets Civil Code Section 798.85 Fee-Shifting Provision.      Civil Code section 798.85 is a special fee-shifting provision arising under the Mobilehome Residency Law (MRL, Civil Code section 798 et seq). It provides: “In any action arising out of the provisions of this chapter the prevailing party shall be entitled to […]

Insurance: Brandt Fees—Provide Your Fee Agreement … Or Risk Bad Things!

Cases: Insurance

Fourth District, Division One, in Unpublished Decision, Strongly Urges Disclosure of Fee Arrangement Between Client and Attorneys in Brandt Setting.      In our category “Insurance,” we previously explored an insured’s ability to recoup Brandt fees for pursuing the benefits of contractual benefits under an insurance policy. In fact, the co-contributors to this blog have written

CDPA: Plaintiff Awarded $3,000 Fees Out Of Requested $33,918.20 Where He Only Recovered $1,000 Statutory Damages

Cases: Civil Rights

Second District, Division 5 Finds No Abuse of Discretion, But Provides Tantalizing Dicta on Statement of Decision Requirements in Unpublished Decision; It Also Reminds Everyone to Provide a Reporter’s Transcript on Appeal.      The next case may seem mundane, but does give some insights into the thought process of judges when confronting fee awards where

Prevailing Party In U.S. Tax Proceeding: 26 U.S.C. Section 7430 Allows Award Of Fees To Prevailing Party Even Though Paid By A Third Party

Cases: Special Fee Shifting Statutes

Noncontingent Obligation to Repay Fees or Contingent Obligation to Repay In Event of Recovery Justifies Fee Award Under Section 7430, the Ninth Circuit Rules.      The U.S. Tax Code, 26 U.S.C. section 7430(a), (c), permits a discretionary award of litigation costs, including attorney’s fees paid or incurred for attorney services, to the prevailing party in

Family Law Awards: Section 2030 Award Affirmed In Favor Of Wife

Cases: Family Law

Fourth District, Division 1 Finds Husband Had Income and Assets More Than 1600% Greater Than Wife.      As the next case illustrates, most “needs”-based awards under Family Code section 2030 are reviewed under the deferential abuse of discretion standard. When that standard is used, an affirmance follows in most situations.      Marriage of Carson, Case

SLAPP Fees …. Double Up On Attorney Use And Expect Reduction By Reviewing Courts

Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Second District, Division 8 Remands for Reduction Due to “Doubling Up” And Augmentation For Prior Fees That May Have Avoided Repetitive Work.      Two sets of successful defendant attorneys were awarded, respectively, $100,000 and $50,000 for their efforts in obtaining SLAPP wins for their clients. Each set of attorneys had two counsel involved (with Cumis

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