Author name: Marc Alexander

Second District, Division Six Decides that a Prevailing Defendant in a Civil Code Section 55 Injunctive Case is Entitled to Attorney’s Fees Award Even Where Plaintiff’s Claims Were Not Frivolous, Unreasonable or Groundless

Cases: Special Fee Shifting Statutes

Court of Appeal Is First To Answer Unsettled Question Noted in Our July 3, 2008 Post.             On July 3, 2008, we posted a discussion of  Hubbard v. SoBreck, LLC, a Ninth Circuit case that found an award of attorney’s fees to a prevailing defendant in federal court—granted under California’s Disabled Persons […]

Contractual Attorney Lien–It Beat Out Secured Creditor Because a Commercial Tort Claim is not an Intangible at the Time of the Security Grant to the Bank

Cases: Liens for Attorney Fees

Third District Finds That Attorney Lien Prevailed Over Bank’s Recorded Secured Interest and Notices of Judgment Lien.             In our May 26, 2008 post, we reviewed Fletcher v. Davis and the requirements for creating an enforceable contractual lien for attorney’s fees.  We noted that the attorney lien is a “secret” lien that

Ninth Circuit Raises Preemption Issue–Finding Fee-Shifting Federal Statute Preempts Award of Fees Under More Liberal Analog State Statute on Pendent Claim

Cases: Preemption

Award of Fees Under California Disabled Persons Act Preempted by Fee-Shifting Directives of Federal Americans with Disabilities Act.             On June 30, 2008, Greg May, Presiding Member of The California Blog of Appeal, had a nice summary that he brought to our attention—and we HAT TIP him for that—of Hubbard v. SoBreck,

Anti-Slapp Victor Awarded Attorney’s Fees After Appellate Court Reversal

Cases: SLAPP

Third District Finds That Victor, On Remand, Adequately Justified Fee Recovery Based on Work of Independently Retained Attorney.             The anti-SLAPP procedure allows prevailing defendants a mandatory award of attorney’s fees.  Code Civ. Proc., sec. 425.16(c).  The next case is a remand situation from a prior appellate reversal, showing that a fee

Attorney’s Fees Awarded Against Litigant Losing a Code of Civil Procedure Section 128.7 Motion is Appealable and Justified

Cases: Appealability, Cases: Standard of Review

Sixth District Affirms Fee Award Assessed Against Litigant Who Brought Section 128.7 Motion That Was Denied.             In Star Building Systems v. G.W. Davis, Inc., Case No. H032093 (6th Dist. June 27, 2008) (unpublished), plaintiff filed a first amended complaint, after a demurrer was sustained with leave, with an unjust enrichment claim

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