Author name: Marc Alexander

Plaintiff Losing Trespass Case Against Defendant Landlords Liable For Opposition Attorney’s Fees Under Broadly Worded Lease Clause

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Private Attorney General (CCP 1021.5)

Second District, Division Four Determines Landlord Prevailed and Dismisses Other Technical Challenges to Major Portion of Fee Award.             Tenant got caught up in an imbroglio with her Landlords when she moved her business into a residential apartment after the roof of her off-premises store collapsed.  After being served with an eviction […]

Court of Appeal Publishes Previously Unpublished Decision Reviewed On Our September 9, 2008 Post

Cases: Prevailing Party, Cases: Section 1717

Fourth District, Division One Publishes FDIC v. Dintino.             In our September 9, 2008 post, we reviewed the decision of FDIC v. Dintino.  The decision held that success on noncontractual claims should not be considered when determining “prevailing party” status under Civil Code section 1717, but also indicated that work may frequently

Attorney Lien: Former Clients Estopped To Challenge Judgment Resulting From Motion Proceeding Where They Stipulated To The Motion Procedure

Cases: Estoppel, Cases: Liens for Attorney Fees

Fourth District, Division Three So Holds in Unpublished Decision.             The general rule is that an attorney claiming an attorney lien over settlement proceeds or a judgment must file an independent action to establish the existence and amount of the lien, with any order granting attorney’s fees in the main action being

Defendant Given Relief From Default Judgment Properly Assessed With Payment Of $8,000 Of Attorney’s Fees And Costs As A Condition Of Relief

Cases: Sanctions, Cases: Special Fee Shifting Statutes

Court of Appeal Observes that $1,000 Monetary “Cap” in CCP section 473 Only Applies to 473 Awardable Sanctions.             Code of Civil Procedure section 473(b) authorizes a trial court to relieve a party from judgment taken against him/her through mistake, inadvertence, surprise, or excusable neglect.  The court has discretion to allow relief

Probate Court Properly Awards Attorney’s Fees Against Trustee For Bad Faith Opposition To Accounting Challenge And For Failing To Provide Notice Of Change Of Trustee

Cases: Probate

Probate Code sections 17211(b) and 16061.9(b) Are Proper Statutory Predicates For Fee Awards.             Attorney’s fees awards in probate actions must have a statutory basis.  (Estate of Trynan, 49 Cal.3d 868, 874 (1989).  Two bases for awards were at issue in the next case we discuss.             In Matthews

Plaintiff Who Lost Attorney’s Fees Motion Untimely Appealed, Which Meant Appellate Court Was Without Jurisdiction To Review The Matter

Cases: Appealability, Cases: Deadlines

Sixth District Refuses to Review Adverse Fee Order Based on Plaintiff’s Failure to Timely Appeal under CRC 8.104             Plaintiff  lost a motion to set aside a judicially supervised stipulated judgment in a roadway easement action.  One of the defendants was granted attorney’s fees for defending the motion under a contractual fees

Courts Of Appeal Affirm Two Different Attorney’s Fees Awards Rendered Under The Family Code

Cases: Family Law

Sixth District Sustains Section 2030 Need Award to Wife, While First District Affirms Section 271 Sanction Against Father.             In our category "Cases:  Family Law Awards," we have examined several decisions on attorney’s fees awards in dissolution/custody proceedings.  Two recent unpublished opinions affirmed awards made pursuant to two different Family Code provisions.

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