Colorful Language from Second District Decision and Famous Quotations Highlight the Deferential Nature of This Review Standard. As we have repeatedly seen, most California fee awards are reviewed under the deferential abuse of discretion standard, especially such components as fee reasonableness, fee amount, and “prevailing party” status. Unless an interpretation of […]
Castro Holds That A Practical Prevailing Party Test Governs An Award of Fees When A Lis Pendens Is Withdrawn. Code of Civil Procedure section 405.38 provides that the prevailing party on a motion to expunge a lis pendens is entitled to an award of reasonable attorney’s fees and costs in bringing or
First District Overturns Substantial Fee Award Based on Misreading of Prior Appeal Decisions in the Same Case. We have to hand it to Justice Simons of the First District, Division Five. Faced with a complicated set of facts and a substantial fee winner, he—as author on behalf of a 3-0 panel—correctly
First District Reverses Summary Judgment in ADA Case; Fee Award Also Reversed Because Appellant Separately Appealed It. In posts for June 6 and 7, 2008, we reviewed several decisions that denied review of fee awards because the appealing party did not bring a separate appeal. Here, we happily review a decision
Fourth District, Division Two Splits Sharply On Fee Award Denial By Lower Court . Mr. Leviant, of The Complex Litigator, has done a very insightful synopsis of Laabs v. City of Victorville, Case No. E040778 (4th Dist., Div. 2 June 12, 2008) (certified for publication) on the subject of when “cost
Second District Affirms Fee Award and Review Principles We Have Previously Surveyed. Once in a while, we all need refresher courses. That all holds true in the fee award area. The next case is just that—reviewing principles we have earlier discussed on mediation clauses, prevailing party status, and trial court review of
Second District Finds That Settlement Stipulation Justified Fee Entitlement and Rejected Challenges to Substantiation of Claimed Fees. A plaintiff enters into a settlement stipulation with defendant, agreeing only to waive fees and costs upon full payment. Defendant does not pay. Plaintiff obtains an order enforcing the settlement agreement payment terms and
Second District Corrects Clerical Error and Affirms Substantial “Cost of Proof” Award Against Losing Attorney Malpractice Plaintiff. In our June 6, 2008 post, we reviewed the fee-shifting provision of Code of Civil Procedure section 2033.430(a). Briefly summarizing, that provision allows a trial court to award “costs of proof,” including reasonable attorney’s
First District Affirms Trial Court Fee Award Reflecting the Risks of a Contingency Case. Mr. Leviant, the CEO of The Complex Litigator blog, recently welcomed us to the blogosphere and asked if we would be commenting on class action fee awards. “Yes,” is the answer, and this is our first specific
Appellate Courts Come to Differing Results on Which State Law Governs, But Do Not Dispute That Civil Code section 1717 Is a Fundamental State Policy. “State’s rights” is not just a constitutional issue. It also enters into play when construing fee entitlement in contracts having foreign state choice of law provisions.
