Author name: Marc Alexander

Civil Code Section 1717: Without Prejudice Dismissal Of Apartment Fire Damage Suit Did Not Give Rise To Fee Exposure

Cases: Fee Clause Interpretation, Cases: Section 1717

  Second District, Division 4 Applies Santisas in Affirming Denial of Fees.      In our category “Leading Cases,” we have listed Santisas v. Goodin, 17 Cal.4th 599 (1998), which held that a voluntary dismissal of contractually-based claims will not lead to fee exposure under Civil Code section 1717. However, Santisas did leave open the exception

FEHA: Court of Appeal Affirms Award Of Lower Fee Award To Winning Plaintiff

Cases: Civil Rights, Cases: Lodestar, Cases: Special Fee Shifting Statutes

First District, Division 4 Sustains Fee Award of $676,001 Based on a 1.25 Multiplier, Rather than Plaintiff’s Requested $940,590.87 Lodestar Plus a Proposed 2.0 Multiplier.      The First District, Division 4, in the unpublished decision of Tarver v. City and County of San Francisco, Case No. A116731 (1st Dist., Div. 4 Mar. 23, 2009) (unpublished),

SLAPP: Litigant Successfully Vacating Sister State Judgment Denied A Fee Award Under the Anti-SLAPP Scheme

Cases: SLAPP

Second District, Division 8 Rebuffs Defense Effort to Obtain $49,000 Anti-SLAPP Fee Recovery.      A putative judgment debtor in a sister state judgment proceeding successfully moved to vacate entry of a $56,768 Washington sanctions judgment. Judgment debtor also moved to SLAPP the judgment entry, with the lower court not mentioning SLAPP when vacating the motion

Fee Clause Interpretation: Narrow Provision Requires Elimination Of Fee Award From Default Judgment

Cases: Fee Clause Interpretation

First District, Division 2 Determines Fee Clause Only Allows For Recovery of Fees in Arbitration Proceeding.      Unless there is ambiguity or mistake, courts are generally charged with enforcing contracts as written. This applies equally to fee clauses in contracts, as the next unpublished decision illustrates.      In Quraishi v. Delta Pools and Patios, Inc.,

Labor Code Violations: Trial Court Award Of $236,760 To A Single Prevailing Plaintiff Affirmed On Appeal

Cases: Lodestar, Cases: Special Fee Shifting Statutes

First District, Division Two Sustains Lower Court’s Application of 1.5 Multiplier.      Labor Code section 218.5 authorizes a mandatory award of attorney’s fees to a prevailing party in any action for nonpayment of wages if any party requests fees and costs upon initiation of the action. Labor Code section 1194(a) mandates an award of reasonable

Appellate Sanctions: $5,000 Frivolous Appeal Sanctions Assessed Where Limitations, Res Judicata, and Mootness Considerations Were At Play

Cases: Appeal Sanctions

Second District, Division 8 Assesses Sanctions on Appeal.      “It is clear that appellant feels strongly that he has been aggrieved and that the passage of time has not weakened that conviction. While one can sympathize, on a human level, with such a feeling, it is nevertheless true that disappointed expectations, no matter how deeply

POOF!: Summary Judgment Reversal In City’s Favor Causes Tumble Of $245,130 Fee Recovery By Plaintiff

Cases: POOF!, Cases: Special Fee Shifting Statutes

Fourth District, Division 1 Gives Domino Effect to Reversal.      POOF! again strikes.      City of San Diego obtained a partial reversal of a summary judgment in favor of a plaintiff who had also been awarded postjudgment fees of $245,130 under Government Code section 996.4, which pertains to a public employee’s right to reimbursement of

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