Author name: Marc Alexander

Family Law: A Two-Fer—Family Code Section 271 Award Affirmed And $1.2 Million Civil Code Section 1717 Stipulated Award Upheld On Appeal

Cases: Family Law, Cases: Section 1717

Two Second District Decisions Are Surveyed. Marriage of Kaufman, Case No. B196632 (2d Dist., Div. 4 Mar. 27, 2009) (unpublished)      In this one, wife—after remarrying in a very public ceremony—was ordered to pay her former husband’s attorney’s fees of $15,000 under Family Code section 271 (out of a requested $42,000 in fees), payable in […]

CCP Section 128.7: Client Cannot Appeal Or Seek Writ Review Of Sanctions Assessed Solely Against Client’s Attorney

Cases: Sanctions

Client Is Not Aggrieved or Does Not Have Beneficial Interest for Purposes of Seeking Review of Attorney Sanctions Order.      Attorneys get socked with a $12,504 sanctions order under Code of Civil Procedure section 128.7 in construction defect litigation. Their client then appeals or seeks writ review of the adverse order. Result? Client has no

Off Topic: Criminal Justice Act Attorneys Get Needed Pay Raise

Off Topics

Congress Raises Rates $10 Per Hour After 2005 Survey Shows Menial Net Compensation to CJA Attorneys.      After March 11, 2009, attorneys accepting assignments under the federal Criminal Justice Act (CJA) get a $10 per hour pay raise for representing defendants financially unable to retain counsel in federal criminal proceedings. The rates have been raised

CCP Section 1021.5: $571,237.75 Fee Award Reversed And Remanded Because Trial Court Applied Improper “Out Of Proportion” And “Weighing” Tests

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

Fifth District Remands to Have Fee Award Decided Under the Proper Legal Standard.      This is probably a semi-POOF! (POO) post, but we would surmise that winning CEQA challenger will get still get significant fees on remand.      In Madera Irrigation Dist. v. Madera County Bd. of Supervisors (Freels), Case No. F054218 (5th Dist. Mar.

Inverse Condemnation: Winning Litigant Awarded Only $45,039.10 In Fees/Costs Out Of Requested $414,103.49

Cases: Eminent Domain

Third District Sustains Fee Award Where Litigant Won Only $1,034 For a Temporary Taking.      Code of Civil Procedure section 1036 requires a mandatory award of reasonable costs, disbursements, and expenses (including reasonable attorney, appraisal, and engineering fees) actually incurred to a prevailing party in a trial or an appellate inverse condemnation proceeding. Even under

CCP Section 664.6: Reserve Jurisdiction Or Forfeit The Ability To Enforce Fee Settlements

Cases: Settlement

Fourth District, Division 3 Strictly Enforces Jurisdictional Retention Dictates.      Code of Civil Procedure section 664.6, we hope, becomes well known to litigators and other attorneys hoping to summarily enforce settlement agreements in pending California actions. Without going into all of its nuances (which include strict requirements that the parties themselves assent to the settlement

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