Author name: Marc Alexander

Oral Referral Agreements Between Attorneys—Make Sure They Are Confirmed In Retainer Agreement or Side Letter Copied to All Involved Attorneys for Plaintiffs

Cases: Referral Agreements

Second District, Division Four Affirms Jury Verdict Finding No Oral Referral Agreement.             An oral referral agreement between attorneys—typically, where an attorney takes a plaintiff’s case and agrees to pay a percentage of the eventual recovery to the referring attorney—is enforceable.  (Mink v. Maccabee, 121 Cal.App.4th 835, 838.) The only writing required […]

Anti-SLAPP Fee Award: Don’t Wait Until Final Judgment Issued—Appeal From Prior Order Granting Fees Where Earlier Dismissal Of Entire Complaint Has Occurred

Cases: Appealability, Cases: SLAPP

First District Unpublished Decision So Counsels, Dismissing Appeal Where Anti-SLAPP Plaintiff Failed to Timely Appeal from Fee Recovery Order.             Melbostad v. Fisher, Case No. A119514 (1st Dis., Div. 4 July 23, 2008) (unpublished) is must reading for litigants and practitioners with respect to what orders should be appealed from in order

Eminent Domain Litigation Expenses Award Reversed Because Owners’ Pretrial Final Demand Was Unreasonable As A Matter Of Law

Cases: Special Fee Shifting Statutes

Fourth District, Division One Reverses $80,971.78 Award Against City of El Centro and Imperial County             We have yet to talk about litigation expenses (including attorney’s fees) awardable under California’s eminent domain statutory scheme.  This next case gives us an introduction to wet everyone’s appetite in this area.           

Brother/Sister Owners Of Adjoining Condominium Units Reap Attorney’s Fees Of $531,159 As Prevailing Parties In An Action Where They Won Damages Of $4,620 And Equitable Relief Requiring Disclosure of A Building Wide Problem.

Cases: Homeowner Associations, Cases: Prevailing Party

Second District, Division Eight Affirms Award in a Sharply Divided 2-1 Panel on the Fee Award Issues.             This next profiled case can only be described as … a doozy!             In 1998-1999, brother and sister (the eventual plaintiffs) bought two adjoining units in a Westwood 13-story condominium building

Code Of Civil Procedure Section 998 Offers—Burden Is On The Contesting Party To Show The Offer Was Unreasonable Or Superceded When The Judgment Was More Favorable Than The Offer

Cases: Section 998

Fourth District, Division One Affirms Costs Award Under Section 998 Where Appealing Defendant Failed to Present Adequate Appellate Record to Rebut the Winning Nature of an Initial 998 Offer.             Robles v. AutoZone, Inc., Case No. D049259 (4th Dist., Div. 1 July 22, 2008) (unpublished) is a nice primer on burden of

Appellate Court Reverses Non-Prevailing Party Determination Because Client Defensed Attorney on Contract Claim In A Jury Trial

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Standard of Review

Second District Remands For Settling the Reasonable Amount of Attorney’s Fees and Costs.             Usually, prevailing party determinations are reviewed under the abuse of discretion standard on appeal.  Not always, however.  Sometimes the contractual fees clause is clear in specifying a prevailing party and one side wins a final judgment in their

Unlicensed Contractors in California: Can They Recover or Contest Contractual Attorney’s Fees in Litigation?

Cases: Unlicensed Contractors

No Clear Published Decisions, Although Unpublished Decisions Offer Some Clues or Seem Divergent on the Subject.             For anyone litigating in the construction area, a true bane is dealing with a client who is discovered to be an unlicensed contractor.  Business and Professions Code section  7031 provides that no unlicensed contractor may

Consumer Legal Remedies Act Fee-Shifting Provision—Lower Court’s Remand Determination That Plaintiff Obtained A “Net Monetary Recovery” Compelled An Award Of Attorney’s Fees To Plaintiff

Cases: Special Fee Shifting Statutes, Cases: Standard of Review

Second District, in Kim II, Reverses Denial of Fee to Settling Plaintiff Who Obtained Rescission and Restitution in a “Lemon Porsche” Case.             The nice thing about our blog is that many cases come back to illustrate fee recovery principles or give us a chance to elaborate on past posts.  The next

Successful Plaintiffs’ Counsel In Song-Beverly Act Case Is Awarded $545,723 In Cumulative Fees/Costs After Winning Case At Trial Level And Prevailing In Two Appeals

Cases: Special Fee Shifting Statutes, Cases: Standard of Review

Fifth District Affirms Trial Court’s Fee Enhancement Award Upon Remand.             In Robertson v. Fleetwood Travel Trailers of California, Inc., 144 Cal.App.4th 785 (2006) (Robertson I), the Fifth District Court of Appeal affirmed a jury verdict in favor of plaintiffs (a couple) for Fleetwood’s failure to repair their defective travel trailer and

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