Author name: Marc Alexander

Retainer Agreements: Unhappy Lawyer Loses Potential $2 Million Contingency Fee Award Based On Noncompliance With Business and Professions Code Section 6147

Cases: POOF!, Cases: Quantum Meruit, Cases: Retainer Agreements

Fourth District, Division 3 Affirms Trial Court’s Quantum Meruit Award of $364,110 to Attorney Instead.      For attorneys entering into contingency fee arrangements with clients, it is essential to comply with Business and Professions Code section 6147, which requires that contingency fee agreements specify (1) the agreed-upon contingency fee rate, (2) the manner in which […]

Construction Litigation: Fourth District, Division 1 Reverses Fee Awards Under Code of Civil Procedure Section 1038 and Reverses/Affirms Others Under Civil Code Section 1717

Cases: Fee Clause Interpretation, Cases: Indemnity, Cases: Section 1717

Court of Appeal Discusses Numerous Issues Under the Two Statutes.      In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as

Arbitration Petition Denial: Fees Not In Order Where Denial Was Only An Interim Procedural Victory

Cases: Appealability, Cases: Arbitration

Third District Distinguishes Its Facts From Otay in Unpublished Decision.      In California, attorney’s fees are generally not recoverable for interim procedural victories.   The “prevailing party,” for purposes of fee recovery, usually must await a final deposition on the merits. However, there are exceptions.      For example, Otay River Constructors v. San Diego Expressway, 158

Tree Injury: Successful Plaintiff Not Awarded Attorney’s Fees In Light Of Plaintiff’s Recovery Of Doubling “Penalty”

Cases: Special Fee Shifting Statutes

  Fourth District, Division 1 Affirms Trial Court’s Discretionary Refusal to Award Fees.       Trees seem to be a popular subject of dispute between neighbors, either because they are destroyed as part of new construction or because they block scenic views of the ocean/nearby canyons. There are some special penalty and fee-shifting provisions relating to

Family Law Arbitration Award: Fee Sanctions Vacated Where Wife Had Argument That Contractual Arbitration Agreement Had Been Rescinded

Cases: Family Law, Cases: Sanctions

Fifth District Vacates $6,000 in Sanctions Against Wife.      The beginning sentences of In re Marriage of Grady and Britten, Case No. F054668 (5th Dist. Feb. 17, 2009) (unpublished) are ominous in tone: “Arbitration typically is viewed as a relatively fast, inexpensive way to resolve disputes. This view assumes the existence of a clear and

Civil Code Section 1717: No Apportionment Necessary Where Bank’s Demand On Completion Guaranty Made Everything Interrelated

Cases: Allocation, Cases: Section 1717

Third District So Holds in Recent Unpublished Decision.      Under our category “Allocation,” we have reviewed cases arising under Civil Code section 1717 in which courts do and do not require apportionment of work between contract/noncontract claims for purposes of awarding fees. The basic test is that apportionment is not required where claims are “so

Post-Judgment Enforcement: Supplemental Costs Memorandum Seeking Fees Must Be Served Upon Judgment Debtor

Cases: Judgment Enforcement, Cases: POOF!

Second District, Division 1 Reverses Supplemental Fee Award Based Upon Lack of Notice.      Under Code of Civil Procedure section 685.040, a judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Recoverable costs include attorney’s fees incurred in enforcing a judgment, where the original judgment includes a fee award pursuant

Out-of-State Attorneys: Don’t Despair—Ninth Circuit Holds You Can Get Paid As A Consultant Even Though You Are Not California Licensed Or Not Admitted Pro Hac Vice

Cases: Ethics, Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees

Holding Draws A Sharp Dissent; Opinion Also Discusses Lodestar and Sufficiency of Fee Substantiation.      The next case should spur the interest of non-California lawyers wishing to do limited consultation or limited co-counseling with California lawyers in California federal courts. Even if you are not licensed in California or do not obtain pro hac vice

Arbitration: Appellate Fees Awardable Upon Prior Reversal Without Awaiting the Final Result

Cases: Arbitration, Cases: Costs, Cases: Fee Clause Interpretation, Cases: Prevailing Party

Second District Panel Splits 2-1 on Whether Contractual Clause Allowed for Fee Recovery From Post-Arbitration Judicial Proceeding Win Before the “Dispute” Was Finally Resolved.      The next case illustrates how even appellate jurists will come to different conclusions when construing a contractual fees clause where the matter is one for de novo review based on

Family Law: Trial Court Discretion Is Broad In Awarding Fees

Cases: Family Law

Unpublished Decision Makes the Point.      A family law judge awarded husband $8,000 in attorney’s fees after a protracted battle with ex-wife on numerous property and child custody issues. Husband thought he deserved more, but lost. In re Murphy, Case No. D051927 (4th Dist., Div. 1 Feb. 11, 2009) (unpublished).      Reason? You guessed it—husband

Scroll to Top