Author name: Marc Alexander

Award Of Attorney’s Fee In Minor’s Compromises—Probate Code Section 3601 Is The Standard, But Know Your Own Local Superior Court Rule

Cases: Minors, Cases: Special Fee Shifting Statutes

Trial Courts Possess Discretion to Raise or Lower 25% Fee Award Benchmark; Local Rules Determine Whether Awards Are Based on Gross or Net Settlement Proceeds.             The nice aspect to blogging is receiving reader questions about fee award issues in different practice areas.  Recently, we received one about award of fees in […]

Even Though Letter Of Intent Required Good Faith Consummation Of A Subsequent Definitive Agreement, Lack Of Attorney’s Fees Clause In LOI Gave Winning Plaintiffs No Fee Entitlement Basis

Cases: Estoppel, Cases: Fee Clause Interpretation

Second District Reversed $119,947 Fee Award Under Definitive Agreement Fee Clause.             One of the first concerns that a winning litigant must face in post-trial proceedings is whether the litigant has a fee entitlement basis to seek an award of attorney’s fees.  This usually focuses on a contractual fee clause or a

Apples to Oranges: Civil Code Section 1717 “Prevailing Party” Guidelines Do Not Have Relevance In Determining Fee Recovery Under Code of Civil Procedure Section 998

Cases: Section 998, Cases: Standard of Review

Second District Reminds Us That the Two Concepts Are Distinct in Nature in Unpublished Decision.             Sometimes succinct opinions contain gems.  That happens to be the case with     Tennen v. Finstad, Case No. B202404 (2d Dist., Div. 2 Aug. 6, 2008) (unpublished).  This decision reinforces that “prevailing party” principles at issue

Joined Parties To Dissolution Proceeding Ordered To Pay Attorney’s Fees To Husband’s/Wife’s Respective Attorneys Under Family Code Section 271

Cases: Sanctions

Sixth District Affirms Fee Award Against Joined Parties.             In our posts of July 7, 8, 17, and 23, 2008, we explored the attorney’s fees sanction codified in Family Code section 271.  The next case involves an interesting twist:  fee sanction awards against joined, nonspouse parties to a dissolution case.     

Judicial Foreclosure Actions—Attorney’s Fees Are Added to the Loan Indebtedness for Purposes of Calculating Deficiency and Fee Exposure

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Special Fee Shifting Statutes

Second District Rejects Borrower’s Argument That Contractual Fees Incurred by Lender Are Excluded from Deficiency Calculation.             In this time of subprime lending fallout and rising foreclosures, judicial foreclosures are making a comeback, as they typically do when market values plunge.  Lenders on commercial and investment residential projects frequently opt to pursue

Judgment Creditor Entitled To Award Of Attorney’s Fees/Costs In His Judgment Enforcement Efforts In Bankruptcy Court Under Code Of Civil Procedure Section 685.040

Cases: Bankruptcy Efforts, Cases: Standard of Review

Second District Reverses Denial of Fees/Costs to Judgment Creditor For Efforts to Enforce Judgment in Bankruptcy Court.             Based on supremacy clause issues, thorny issues have arisen over the years as to what attorney’s fees and costs a judgment creditor can obtain for bankruptcy court activities when a subsequent state court action

Attorneys Successfully Sue Former Client For Collection Of Full Receivable Plus Attorney’s Fees In Collecting The Receivable

Cases: Fee Clause Interpretation, Cases: Substantiation of Reasonableness of Fees

Recent Case Illustrates the Right Way to Handle A Dispute in Segments and Highlights Good Provisions to Have in Retainer Agreement             In Fitzgerald Abbott & Beardsley LLP v. Miller, Case No. A118762 (1st Dist., Div. 3 July 31, 2008) (unpublished), Former Client hired Attorneys to resolve a dispute with Client’s neighbors

Civil Rights Plaintiff Obtains Ninth Circuit Reversal Of 40% Diminishment of Attorney’s Fees Award

Cases: Civil Rights, Cases: Reasonableness of Fees, Cases: Standard of Review

Chief Justice Kozinski Overturns Excessive Fee Haircut And Sets A Presumptive 10% Standard For Review of Fee Haircuts.             Part of blogging is to recognize and “hat tip” posts by our colleagues.  Greg May, of the California Blog of Appeal, posted a very informative post on Moreno v. City of Sacramento, Case

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