Author name: Marc Alexander

Wholesale Sales Representatives: Attorney’s Fees Are Available For You In Cases Where Commissions Are Willfully Not Paid

Cases: Special Fee Shifting Statutes

Fourth District, Division Two Construes the Scope of the California Independent Wholesale Sales Representative Contractual Relations Act.      The California Independent Wholesale Sales Representative Contractual Relations Act (Civ. Code sections 1738.10-1738.16) was enacted to protect wholesale sales representatives—“any person who contracts with a manufacturer, jobber, or distributor for the purpose of soliciting wholesale orders, is […]

Discovery Sanctions: $6,000 In Discovery Sanctions Affirmed Against Alter Ego Defendant For Failing To Respond To Written Discovery

Cases: Discovery, Cases: Reasonableness of Fees, Cases: Sanctions

Second District, Division Two Discusses Aggregation Appealability Rule and Litigant’s Discovery Obligations.      The next case we discuss has an interesting discussion of the aggregation appealability rule (sanctions order must exceed $5,000) and a litigant’s discovery obligations (even an alter ego defendant must provide discovery information of which he is aware, even if the defendant

Workers’ Compensation: Losing Employer On Appellate Writ Petition Owes Supplemental Attorney’s Fees To Employee’s Counsel

Cases: Workers' Compensation

Fifth District So Holds In By-the-Court Unpublished Opinion.      The only way to review a decision of the Workers’ Compensation Appeal Board is through a writ petition to the appellate court. However, if there is no reasonable basis for a petition brought by an employer, the employer may have to pay a supplemental award of

Judgment Enforcement: Contractual Fees Clause Not Trumped By Bankruptcy

Cases: Judgment Enforcement

Second District Remands For Fee Determination in Split Opinion.      Under our category “Judgment Enforcement,” we have discussed prior cases construing Code of Civil Procedure section 685.040, which allows a judgment creditor to recover reasonable and necessary attorney’s fees incurred in “enforcing” a judgment if the underlying judgment includes an award of fees to the

Brandt Fees: Yes, They Can Be Assigned

Uncategorized

  Unpublished Second District Decision So Held Last Year.       In Brandt v. Superior Court, 37 Cal.3d 813 (1985), the California Supreme Court determined that attorney’s fees were recoverable as damages to insureds for purposes of recovering the contractual benefits under insurance policies.      Are Brandt fees assignable (likely part of a settlement)? For those

Civil Rights: Ninth Circuit Reverses $200,000 Section 1988 Fee Award For Failure To Explain Lodestar Calculation And Consider Plaintiff’s Level of Success In the Litigation

Cases: Civil Rights

Case Remanded for Fee Reconsideration by District Judge.      California federal courts, at least in civil right cases, require more detailed findings in fee awards conferred to plaintiffs than our state courts do under similar circumstances. (As discussed in posts listed under our category "Cases:  Civil Rights," state courts do require specific findings in FEHA

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