Author name: Marc Alexander

FEHA Winning Supervisor Awarded Only $1 In Attorney’s Fees Because Non-Fee Garnering Employer Funded Winner’s Defense

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

  Second District, Division Eight Affirms Lower Court’s Discretion to Not Award Fees to Winning FEHA Defendant Where the Actual Beneficiary of the Award is Another Defendant Not Entitled to Fee Recoupment.      In our December 11, 2008 post on Trisler, we discussed the FEHA fee-shifting statute, Government Code section 12965(b), and the leading case […]

Buyer Of Used Car Awarded Attorney’s Fees Of $28,591.50 Under The Automobile Sales Finance Act

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Court of Appeal Finds No Prejudice In the Sequence of Entry of the Fee Award.      The Automobile Sales Finance Act (ASFA), in Civil Code section 2983.4, has a mandatory fee-shifting provision by which the prevailing party in any action on a contract or purchase subject to the ASFA must be awarded fees, “regardless of

Anti-SLAPP: Court of Appeal Affirms Attorney’s Fees Award To Defendant SLAPP Winner

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

$9,321 Award Sustained Where No Error Shown By Losing Plaintiff.      In Nejadpour v. Fink, Case No. B204937 (2d Dist., Div. 5 Dec. 10, 2008) (unpublished), plaintiff lost an anti-SLAPP motion and defendant was awarded $9,321 in mandatory fees out of a requested $10,296. The trial court actually accepted plaintiff’s argument that some discovery fees

Sanctions: Evidence and Adverse Jury Instruction Sanctions Not Allowed For Document Production Transgression Absent Failure To Obey An Order Compelling A Further Response

Cases: Discovery, Cases: Sanctions

Second District, Division Three Decides Sanctions Unwarranted Because The Underlying Conduct Was Not Egregious in Nature.      In New Albertsons, Inc. v. Superior Court (Shanahan), Case No. B207661 (2d Dist., Div. 3 Dec. 10, 2008) (certified for publication), the Court of Appeal—in a 3-0 opinion authored by Presiding Justice Croskey—issued mandate to allow withdrawal and

Television Provider Winning $1,591.38 From A Jury And A Court Injunction Is Awarded About $8.3 Million in Attorney’s Fees and Costs

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

    District Judge Carter Awards Both Sides Fees Under the California Penal Code, the Communications Act, and the Digital Millennium Copyright Act.      This next one is an interesting illustration of how each side can prevail and be awarded fees/costs under state and federal statutes, yet how one side can still be the “net”

Anti-SLAPP: Losing Plaintiff Has To Pay Fees When Challenge On The Merits Is Affirmed On Appeal

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Plaintiff’s Failure to Challenge Specifics of Fees Award Ends the Matter.      The next case we discuss confronts somewhat conflicting themes in our whole blog. The amount of attorney’s fees award is usually a discretionary call reviewed under a deferential abuse of discretion standard. However, if one appeals and only challenges the correctness of the

Independent Claims Adjustor Obtains Affirmance of Fee Award Under Contract With Insurance Carrier

Cases: Estoppel, Cases: Section 1717

Fourth District, Division One Rejects Judicial Estoppel Argument and Awards Fees on Appeal (to be Determined by the Trial Court).      Who says that everyone in the insurance industry is cozy-cozy with each other? Not a foregone conclusion at all, especially when assertions of claims mishandling may cast aspersions on the reputation of the claims

Plaintiff Prosecuting Unreasonable FEHA and Torts Against Governmental Defendants Suffers Adverse Fee and Costs Award of $221,452

Cases: Civil Rights, Cases: Special Fee Shifting Statutes, Cases: Standard of Review

Third District, in Unpublished Decision, Affirms Fee Award Against Losing Plaintiff.      Many of our past posts under the category “Cases: Civil Rights” tend to demonstrate that it is an unusual showing that results in fee exposure for a losing plaintiff in civil rights or Fair Employment and Housing Act (FEHA, Gov. Code sec. 12940

Costs: No Net Recovery Means Lower Court Has Discretion In Determining The Prevailing Party And Allocating Costs As It Sees Fit

Cases: Costs

Second District, Division Four So Rules in Case Where Plaintiff Only Recovered Restitutionary Judgment Equaling Deposit Check Returned by Defendants Prior to Lawsuit Commencement.      In our category “Cases: Costs,” we have surveyed decisions interpreting assessment of routine costs to a “prevailing party” under Code of Civil Procedure section 1032. This provision is fairly mechanistic

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