Author name: Marc Alexander

SLAPP Awards: HOA President And Attorney Suffer Adverse Fee Award When Losing Anti-SLAPP Motion Brought By Adjoining Golf Course Manager

Cases: Homeowner Associations, Cases: SLAPP

Los Angeles Superior Court Judge Does Require Better Fee Allocation through a Separate Motion.      One of the nice things about blogging is that we do get interactive input from a variety of individuals. Bill Leys, The Deck Expert, who has a blog at Waterproofdeckcoatingadvice.com, liked one of our recent HOA blogs and, in turn, […]

POOF! Principle: Top 6 Cases In Last Eight Months

Cases: Appealability, Cases: POOF!

     We are pleased that our fellow blawger, Greg May, presiding at The California Blog of Appeal, has recognized our inestimable contribution of the Poof Principle to California attorney's fees jurisprudence in his January 28, 2009 post.  The American Heritage Dictionary (online) defines "poof" thusly:  "Used to indicate a sudden vanishing: The magician waved a

Off Topic: School District Struggles To Pay Title IX Fees; Public Officials Use Campaign Funds To Fund Criminal Defense; Billable Hours Giving Ground

Off Topics

Melange of Interesting Off Topics in the News All Center on Attorney’s Fees.      “In law, nothing is certain but the expense.”      –Samuel Butler      Samuel Butler put it well; here are three interesting vignettes for news stories that all center on attorney’s fees issues. CA School District Struggles to Pay Adverse Title IX

Attorney’s Fee Ethics: Orange County Law Article Covers Wide Range Of Topics

Cases: Class Actions, Cases: Ethics, Cases: Liens for Attorney Fees, Cases: Retainer Agreements

February 2009 Article by Carole Buckner Covers Many Ethical Issues.      In the February 2009 edition of the Orange County Lawyer, Carole J. Buckner writes an article, “Ethics Opinions Provide Guidance in Resolving Attorneys’ Fee Issues,” covering a wide-ranging array of ethical issues relating to attorney’s fees.      Here is a synopsis of issues discussed

Family Law: $20,000 Fee Award To Husband Goes “Poof!”

Cases: Family Law

Reason: Court Did Not Consider Each Side’s Financial Needs or Other Relevant Factors.      In our category “Cases: Family Law Awards,” we have had occasion to examine cases awarding attorney’s fees to one side under Family Code sections 2030 and 2032. A family law judge must consider certain statutory factors in making fee awards under

RFA Cost of Proof Fee Awards: A Two-Fer … Appellate Courts Do Not Allow Them In Two Recent Cases

Cases: Requests for Admission

Second District, Division 6 Reverses Substantial Award, While Second District, Division 5 Affirms Failure to Award RFA Fee Recovery.      In our category “Cases: Discovery,” we have explored prior cases, some of which have granted substantial attorney’s fees award to litigants convincing lower courts that an opponent unreasonably denied discovery requests for admission of substantial

HOA Fee Award: Homeowner Assessed With Fees, And Appellate Court Chastises Litigant For Not Using Small Claims Court Alternative

Cases: Homeowner Associations

Fourth District, Division 1 Expresses Displeasure That Inexpensive Forum Was Not Pursued.      In our category “Cases: Homeowner Associations,” we have discussed cases where HOAs or homeowners prevailed (or neither side prevailed) in disputes involving proper interpretation of CC&Rs—usually involving maintenance, repair, or view protection disputes. Attorney’s fees are usually the ultimate battle, because they

Dog Lovers Beware—If Have a Service Dog That You Need To Bring To Court, Make Sure It Sits Down and Does Not Bother Jurors—Or Hire The Dog Whisperer

Cases: Costs

  In Pro Per Disabled Plaintiff Has Case Dismissed and Suffers Adverse $422,487.04 Costs Award Against Him.      The next case, although involving convoluted and far from mundane facts, should be of interest to dog lovers, and to tooth and claw litigators. As far as our blog is concerned, it reminds all plaintiffs—especially in pro

Private Attorney General Statute: Appellate Court Affirms Trial Court Award Of $43,410.20 To Winning Plaintiff

Cases: Lodestar, Cases: Private Attorney General (CCP 1021.5)

First District, Division 4 Rejects Plaintiff’s Bid To Capture Full $272,581.10 in Fees That Were Incurred, Applying a Negative Multipler Instead.      Plaintiff Tanzel won a facial constitutional attack and preemption challenge to a Richmond ordinance authorizing the city to seize and forfeit vehicles used to solicit prostitution or to buy drugs. In a prior

Class Action: Court Of Appeal Sustains 1.4% Fund Recovery And 2.52 Lodestar Multiplier In Consumer Class Action

Cases: Class Actions, Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees

Third District Sustains Substantial Fee Award in Unpublished Decision.      Who says that class action attorneys are greedy? No matter what your bent, the next case is a refreshing example of how substantial fees are justified in a class action settlement generating substantial recovery for class members.

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