Author name: Marc Alexander

Nonsignatory Defendants Denied Attorney’s Fees Award Where They Would Not Have Been Entitled to Recovery Had They Won

Cases: Estoppel, Cases: Section 1717

Fifth District, in an Unpublished Opinion, Rejects Reasoning From Both Abdallah and International Billing Services in Affirming Lower Court Fee Denial.              In our four months of blogging, we have covered both published and unpublished California appellate decisions.  We have found that the unpublished decisions are still valuable for their analysis, although […]

FEHA Prevailing Party Can Be Awarded Expert Witness Fees By Noticed Motion Even Though Cost Memorandum Deadlines Are Exceeded

Cases: Civil Rights, Cases: Costs

Second District, Division Eight So Rules in Case Involving Non-Court Ordered Expert Witness Fees.             Government Code section 12965(b) specifies that, in retaliation claims under California’s Fair Employment and Housing Act (FEHA), “the court, in its discretion, may award to the prevailing party reasonable attorney’s fees and costs, including expert witness fees

Civil Code Section 1717 Mandates Fee Award To Unqualified Winner On Contract Claim And Requires Reversal of Award Against Contract Nonsignatories

Cases: Civil Rights, Cases: Prevailing Party, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Second District, Division One Affirms and Reverses Portions of Fee Award Under Contractual Provision and Discretionary Fee-Shifting Statutes.             By now, it should be apparent that there are stark differences in how some fee-shifting statutes operate.  Civil Code section 1717 mandates an award to a "prevailing party" under a contractual fees clause,

Variation on a Theme

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Tail that Wags the Hog             Bratz dolls, it would appear, are material girls.              The September 10, 2008 Los Angeles Daily Journal leads with this story:  "Doll Case Legal Services Costing a Pretty Penny."  Jason W. Armstrong, the Daily Journal Staff Writer, reports, "[t]he combined legal fees

Inadequate Fee Substantiation: Winner In Attorney Fee Award Fails to Rebut Substantial Opposition Showing Glitches in the Substantiation Process

Cases: Allocation, Cases: Costs, Cases: Substantiation of Reasonableness of Fees

First District, Division Two Reverses Fee Award For Further Remand Proceedings to Scrutinize Substantial Fee Award.             In our “Cases:  Fee Substantiation” category, we have reviewed past decisions showing that California has a fairly “loosey goosey” standard for substantiating the amounts claimed in attorney’s fee petition requests.  However, the next case illustrates

Borrower Prevailing On Contract Claim Entitled To Fee Award Even Though He Did Not Prevail On Noncontractual Claims

Cases: Allocation, Cases: Section 1717

Fourth District, Division One Reverses Fee Denial Based on Hsu v. Abbara.             We survey unpublished decisions because they frequently reinforce distinctions that get lost in translation because of the diffuse opinions on the “prevailing party” concept in California attorney’s fees award jurisprudence.  The next case reminds us that the “prevailing party”

Fifth Time Is Not The Charm For Losing Homeowner: HOA Homeowners Awarded $47,335.72 In Costs And $264,549.60 In Attorney’s Fees

Cases: Homeowner Associations

Fourth District, Division Three Sustains Fee Award Against Nonvictorious Homeowner Under Civil Code section 1354(c).             Civil Code section 1354(c) provides:  “In an action to enforce the governing documents [such as homeowner association CC&Rs], the prevailing party shall be awarded reasonable attorney’s fees and costs.”  Because statutory provisions present issues of law

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