Author name: Marc Alexander

Homeowner Associations: “No Prevailing Party” Determination Means No Fee Award For Either Side In Mold Insurance Proceeds Dispute

Cases: Homeowner Associations, Cases: Prevailing Party

Ruling Affirmed Where Homeowner Spent Fees of At Least $35,088.50 and HOA Spent At Least $92,335.25.      In our category “Cases: Homeowner Associations,” we have examined numerous contests between homeowners and homeowner associations (HOA) in common interest developments where attorney’s fees are often the real battle because most CC&Rs and Civil Code section 1354 allow […]

MFAA Fee Arbitrations: Clients Beware—Make Sure You Have A Winning Contractual Interpretation Defense Or Be Prepared To Cough Up Unpaid Fees Plus Litigation Expenses To The Winning Former Attorney If You Do Not Exceed the MFAA Arbitration Award Late

Cases: Arbitration

First District, Division 3 Affirms Lower Court Award in Favor of Attorney, Including Substantial Fees Award.      In our category “Cases: Arbitration,” we have discussed the Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200 et seq. This allows a client to engage in a nonbinding arbitration with an attorney over a fee

Homeowner Association Disputes: If You Want To Collect Fees From Winning, Make Sure Your Opponent Is A Legal Entity!

Cases: Homeowner Associations

Fees Properly Declined To Victorious Defendant Where One Suing Plaintiff Was Not A Legal Entity And The Other Plaintiff Was Not Sued Individually–First District, Division 5 Affirms Refusal To Award Fees in a Unique Case.      In our category “Cases: Homeowner Associations,” we previously have canvassed decisions awarding attorney’s fees to either HOAs or homeowners

FEHA: Appellate Court Sustains 1.4-1.6 Multipliers To Plaintiffs’ Fee Awards

Cases: Civil Rights, Cases: Lodestar

Second District, Division 6 Rebuffs Challenges to FEHA Multipliers.      Plaintiffs winning claims under the California Fair Employment Housing Act (FEHA), Gov. Code, § 12900 et seq., are normally awarded fee-shifting awards. Trial courts have ability to enhance the lodestar—the number of hours reasonably expended multiplied by the reasonable hourly rate—by a multiplier in order

Off Topic: Has America Become A Society of Litigious “Victims”?

Off Topics

  Attorney/Author Philip Howard Thinks So, A Theory Advanced In His Book “Life Without Lawyers: Liberating Americans from Too Much Law.”      With many reviewers hailing it as a thoughtful plea for a return to common sense, attorney Philip K. Howard has written a recent book entitled “Life Without Lawyers: Liberating Americans from Too Much

Anti-SLAPP Fee Awards: They Usually Will Not Be Subject to Reduction Based On Just Generalized Gripes

Cases: Reasonableness of Fees, Cases: SLAPP

First District, Division 4 Rebuffs Challenge to $18,750 Fee Award.      The next case trumpets a familiar refrain that we have seen from many appellate decisions: a contention asking for denial or reduction of fees in any award needs to be supported by specific argumentation and specific evidence. Otherwise, the contention may well be found

Costs: Order Directing Set Aside of Settlement Funds Based On Costs Award Results In Issuance Of Appellate Mandate Writ

Cases: Appealability, Cases: Costs

Second District, Division 2 Overturns Set Aside Order, But Does Not Pass on Validity of Lien.      A defense judgment involving a costs award is usually automatically stayed without bond pending an appeal by the impacted party, such that execution efforts cannot go forward until the appeal is final. (Vadas v. Sosnowski, 210 Cal.App.3d 471,

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