Author name: Marc Alexander

Civil Code Section 1717: Absence Of Fees Clause Means One Award Reversed, While Remaining Award Was No Abuse of Discretion

Cases: Section 1717, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Second District, Division 8 Reinforces that Contemporaneous Time Record Submission Is Not a Fee Recovery Requirement.      This next case illustrates two important principles under Civil Code section 1717: (1) you need some fee entitlement basis—either a statute or contractual fees clause; and (2) California state law is more lenient on fee substantiation, although it […]

Workers Compensation: No Fees Awardable Where An Employer Or Insurer Disputes A Specific Treatment Request For Applicant Employee Previously Awarded Future Industrial Injury Treatments

Cases: Workers' Compensation

California Supreme Court Construes Scope of Labor Code Section 4607.      Labor Code section 4607 provides that the Workers’ Compensation Appeals Board (WCAB) can assess reasonable attorney’s fees as a cost upon a party who unsuccessfully institutes proceedings to terminate an award of an employee/applicant for continuing medical treatment. The issue before the California Supreme

M & M Are Quoted in May 11, 2009 Daily Journal Article Concerning Attorney’s Fees

Off Topics

Article by Daily Journal Staff Writer Dhyana Levey is Entitled “Students May Have to Pay Attorney Fees After Losing ADA Lawsuit”.      Calattorneysfees co-contributors Mike Hensley and Marc Alexander are quoted in today’s Daily Journal regarding attorney’s fees issues in a lawsuit brought by students with learning disabilities against the Association of Medical Colleges to

Happy First Birthday ….. To Us!

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     Believe it or not, we have been doing this blog for one year now, beginning with our inaugural post on May 11, 2008.      We would like to thank our readers and fellow bloggers, many of whom were nice enough to offer tips, provide us leads on cases or topics to discuss, or “hat

Attorney’s Fees In the News … Guardian Battle For Octuplets And Weiss-Trutanich L.A. City Attorney Campaign Battle

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Nonprofit Group Files Suit For Guardian Appointment Over Suleman Octuplets.      The Suleman octuplets have gotten a lot of press. Well, recently, a nonprofit group (A Minor Consideration) has filed suit requesting appointment of a guardian to steward the money generated by the octuplet twins borne to Octomom Nadya Suleman.                      Dionne quintuplets ca. 1934. 

Legal Malpractice: Payment Of Attorney’s Fees To Correct Scrivener’s Error Is “Actual Injury” For Purposes Of Attorney Malpractice Statute of Limitations

Cases: Deadlines

Fourth District, Division 1 Explores “Cross Over” Issue of How Fees Have Implications in Lawyer Malpractice Cases.      Remember when we all studied for the California Bar examination? (Probably most of you are glad those days are over.) Well, we were drilled about spotting “cross-over issues” or those issues that had implications for more than

Eminent Domain: Trial Court Did Not Abuse Discretion In Denying Litigation Expenses To Defendant Awarded $214,610 Verdict After Plaintiff’s Best $45,000 Pretrial Offer

Cases: Eminent Domain

First District, Division Two Stresses that Mathematical Relation Factor Is But One Factor For Consideration.      In our December 23, 2008 post on the unpublished opinion of City of Visalia v. Harrah, we reviewed Code of Civil Procedure section 1250.410(b) which allows the award of litigation expenses (including attorney’s fees and costs) to a winning

Civil Code Section 1717: Court of Appeal Reverses Fee Award Given That Neither Side Prevailed Under The Contract

Cases: Appealability, Cases: Prevailing Party, Cases: Section 1717

Fifth District Overturns Based on a Pragmatic Assessment of Litigation Results.      Who says that appellate courts are not pragmatic in their assessment of who prevailed for purposes of awarding attorney’s fees? That is the law after all, and the next case is an illustration of where a cause was reversed because neither side prevailed

Lemon Law: Reject An Early Settlement Offer In the Ballpark … And Suffer The Consequences!

Cases: Consumer Statutes, Cases: Settlement

Fourth District, Division 2 Reminds Fee-Shifting Plaintiffs To Not Eschew Early Compromise Proposals.      The next case reminds all of us that the system is geared for resolution—resolution being another word for settlement early on in the game, under the right circumstances, under the right case, and under reasonable efforts to resolve the matter. Miss

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