Author name: Marc Alexander

Missed Meal and Rest Breaks Are Wages For Purposes Of Attorney’s Fees Awards Under Labor Code Section 218.5

Cases: Special Fee Shifting Statutes

Fourth District, Division One Remands Cause For Recalculation of Fee Award After Eliminating Punitive Damage Recovery on Appeal.      We now have an interesting case for labor law practitioners. It centers upon Labor Code section 218.5, which provides that “[i]n any action brought for the nonpayment of wages, ….the court shall award reasonable attorney’s fees […]

Enforcement Of Foreign Judgment Awarding Attorney’s Fees Against Plaintiff’s Attorney Upheld By Second District, Division Eight

Cases: Judgment Enforcement

Substantial Judgment Awarding Fees Found to be Nonpenal in Nature and Nonrepugnant to State Policy.      This post examines an appeal raising challenges to substantial fee awards against a litigant’s attorney (a nonparty) by the Gibraltar Supreme Court, akin to a California superior court, under English law. After the Los Angeles County Superior Court entered

Appealability: Another Reminder To Separately Appeal Subsequent Fee Award

Cases: Appealability

Appellate Jurisdiction to Hear Fee Award Challenge Is Likely Not Cognizable      In our category “Cases: Appealability,” we have reviewed numerous decisions from state appellate courts indicating that subsequent orders awarding attorney’s fees must be separately appealed where there is no mention of fees in a prior merits judgment. Averbuch v. Strekovsky, Case No. B201764

Appellate Sanctions: Timely Notify The Court Of Appeal About A Settlement Or Risk Sanctions Being Awarded Against You Under CRC 8.276(a)

Cases: Appeal Sanctions

First District, Division Two Orders Appellant’s Attorney to Pay Clerk Administrator $6,000 for Failing to Notify Court of Settlement Until One Day Before Oral Argument of Appeal.      California Rules of Court, rule 8.244(a)(1),(3) requires that appellants file a notice of settlement with the appellate court, with the expectation that an abandonment or request for

Attorney’s Fees Not Recoverable As Compensatory Damages Under Uniform Fraudulent Transfer Act or “Tort of Another” Doctrine

Cases: Fees as Damages, Cases: Homeowner Associations, Cases: Special Fee Shifting Statutes

  Fourth District, Division Three Reverses Wide-ranging Fee Award and Remands For Narrower Determination.      We have seen the litigants in the next case before. (See our posts of June 2, 2008 and August 27, 2008, where the McMahons have suffered adverse fee awards and sanctions in a long-standing battle with a homeowners association.) Here,

Arbitration: Plaintiff Winning Petition To Compel Arbitration Proceeding Cannot Seek Fee Recovery In A Second Lawsuit

Cases: Arbitration

Using “Splitting Cause of Action” Principles, Second District, Division Two Rules That Plaintiff Must Seek Fees In the First Lawsuit.      The next case reminds all litigators that courts dislike duplicative litigation where litigants seek to recoup fees that are more appropriately sought in a prior action.      That is exactly what happened in Cohen

Arbitration: Clients Losing Fee Arbitration Award When It Was Subsequently Vacated Failed To Timely Appeal Adverse Ruling

Cases: Arbitration

   Fourth District, Division Three Dismisses Clients’ Appeal.      Clients filed a petition for attorney’s fee arbitration pursuant to Business and Professions Code section 6200 et seq. They won, with their Former Attorney ordered to return $150,000 in fees and $3,524 in attorney’s fees. Former Attorney was not happy and petitioned to vacate the award,

Unruh Act: Attorney’s Fees Denied To Losing Plaintiffs In Unsuccessful Challenge to Angels’ “Mother’s Day Totebag” Giveaway

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

Fourth District, Division Three Finds Plaintiffs Were Not Catalysts For Change So As To Be Entitled to Fees.      Our fellow blawg “Cal Biz Lit” has an interesting post on November 21, 2008, discussing our local Fourth District, Division Three’s unpublished opinion in Cohn v. Corinthian Colleges, Inc., Case No. G038388 (4th Dist., Div. 3

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