Author name: Marc Alexander

Special Fee Shifting Statutes: Although County’s CCP § 1038 Motion Was Timely, It Was Properly Denied Because Losing Plaintiff Had A Good Faith, Reasonable Basis For Pursuing His Dangerous Condition Suit

Cases: Special Fee Shifting Statutes

Nothing in Section 1038 Prohibits A Lower Court From Considering A Postjudgment Fees Motion.             Plaintiff in Burkot v. County of Los Angeles, Case No. B306244 (2d Dist., Div. 2 Sept. 14, 2022) (unpublished) lost a summary judgment in a dangerous condition intersection case after County’s objections to plaintiff’s opposing expert declarations were sustained to […]

Appealability, SLAPP: Even Through Cross-Claims Were Dismissed During Pendency Of An Appeal, SLAPP Denial Appeal Was Not Moot

Cases: Appealability, Cases: SLAPP

The Reason Is That Attorney’s Fees Were In Play If The SLAPP Denial Was Reversed, As It Was.             Watkins v. D’Orio, Case No. B310902 (2d Dist., Div. 2 Sept. 14, 2022) (unpublished) involved a situation where cross-defendant appealed the denial of an anti-SLAPP as to certain cross-claims and, during the pendency of the appeal,

EMPLOYMENT: Betancourt Opinion Published

Cases: Employment

2/8 DCA Reinstates Fees Award Under Wage/Hour Statutes After California Supreme Court Remand.             On August 26, 2022, we posted on Betancourt v. OS Restaurant Services, LLC, Case No. B293625 (2d Dist., Div. 8 Aug. 25, 2022), which was unpublished at the time.  We can now report it was published on September 12, 2022.  Here

Deeds Of Trust: 2/5 DCA Affirms Denial Of Attorney Fees To Prevailing Plaintiff Seeking Fees Under Deed Of Trust Fees Provision

Cases: Deeds of Trust

The Fees Provision Was Not A True Attorney Fees Provision As It Allowed Lender To Add Attorney Fees To The Indebtedness, But Did Not Allow For Fee Recovery As A Separate Award.             In Cho v. Patel, Case No. B312306 (2d Dist., Div. 5 September 12, 2022) (unpublished), prevailing plaintiff in a quiet title action

Family Law: Failure To Rule On Pendente Lite Family Code Section 2030 Early In A Proceeding Resulted In A Reversal Of Reserved Issues Where Self-Represented Wife Bungled Key Trial Issue

Cases: Family Law

Failure To Rule Was Prejudicial, Leading To A Reversal.             Marriage of Knox, Case No. F081092 (5th Dist. Sept. 9, 2022) (published) is a blockbuster decision where a lower court’s failure to promptly rule on a self-represented ex-wife’s request for pendente lite Family Code section 2030 led to reversal on reserved issues when she bungled

Construction, Costs: Litigant Prevailing On Payment Bond Improperly Denied Costs And Fees Under Routine Costs Statute And Civil Code Section 9564(c)

Cases: Construction, Cases: Costs

It Did Not Matter That Someone Else Paid Or Reimbursed Costs And Fees—Entitlement Was There.             In Cell-Crete Corp. v. Federal Ins. Co., Case No. E075264 (4th Dist., Div. 2 Sept. 8, 2022) (published), defendant prevailed in a case involving a payment bond, which raised whether defendant was entitled to routine costs and prevailing party

Appeal Sanctions: Monetary Sanctions For Corrected Appellant’s Appendix Affirmed On Appeal, But Appellant Dodges Frivolous Appeal Sanctions

Cases: Appeal Sanctions

Although The 2/6 DCA Found The Appeal To Be Meritless, Lack Of Bad Faith Was Shown By Appellant’s Vigorous Advocacy             Appellant won one and lost one as far as appellate sanctions were concerned in IQ Holdings v. Krablin, Case No. B307034 (2d Dist., Div. 6 Sept. 8, 2022) (unpublished).  Appellant lost an appeal

Employment: Nonprevailing Employees May Not Be Assessed With Routine Costs Under California’s Fair Pay Act

Cases: Employment

Court Of Appeal Follows Analogous Reasoning Which Relates To Labor Code Section 1194.             In Lohman v. City of Mountain View, Case No. H046681 et seq. (6th Dist. Sept. 7, 2022) (unpublished), the Sixth District reversed a $10,082 routine costs award—a sixth of the ask—against a nonprevailing employee plaintiff under a California Fair Pay Act,

Landlord/Tenant, Reasonableness Of Fees: $684,000 Fee Award In Favor Of Tenants And Against Landlord Reversed And Remanded

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

Appellate Court Did Not Buy That Trial Court Could Just Adopt Plaintiffs’ Voluntary Reduction Without Addressing Other Objections.             We posted today about a published decision between the parties.  Separately, Sarkany v. West, Case No. A161728 (1st Dist., Div. 2 Aug. 30, 2022) (unpublished) was landlords’ appeal from an adverse $684,000 attorney’s fees award in

Undertaking: Trial Court Has Discretionary Authority To Waive Bond On Appeal For A Monetary Judgment With Respect To An Indigent Litigant

Cases: Undertaking

CCP § 917.1(a) Does Allow That.             In Sarkany v. West, Case No. A162441 (1st Dist., Div. 2 Aug. 30, 2022) (published), the appellate court confirmed that a trial court, under CCP § 917.1(a), does have discretionary authority to stay enforcement of a monetary judgment on appeal if the principal litigant is indigent and cannot

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