Author name: Marc Alexander

Family Law: No Abuse of Discretion In Trial Court’s Denial Of Need-Based Fees To Mother Where Clear Disparity Existed Between The Parties’ Ability To Obtain Counsel

Cases: Family Law

Family Code Section 2030 Is Controlled By Section 2032, And Financial Resources Are Only One Factor To Consider In Determining Whether An Award Under Section 2030 Would Be Just And Reasonable.             The trial court denied a $33,000 need-based attorney fees and costs request made by mother in a child custody dispute where it found […]

Fees, Civil Rights, Employment: USDC Central District Judge Awards Full Freight Fee Award In Waiting-Time Penalties Case

Cases: Civil Rights, Cases: Employment, Cases: Reasonableness of Fees, Cases: Record

Judge Finds That Fee Award Of $342,782.50 Is Reasonable In Waiting-Time Penalties Case.         On June 17, 2022, the Hon. R. Gary Klausner issued a fee award to the prevailing plaintiff in a waiting-time penalties case. Caley Rae Pavillard v. Ignite International, Ltd. et al., USDC Central District No. 2:21-cv-01306-RGK-Ex.        

Prevailing Party, Section 1717: Performance Bond Surety Protecting Contractor Was Not The Prevailing Party Under Civil Code Section 1717 Where City Defensed Contractor’s Contract Claims And Surety Held City’s Contractual Recovery To Just $1.00

Cases: Prevailing Party, Cases: Section 1717

Lopsided Results May Make One A Prevailing Party, But The Outcome Was Mixed So The Lower Court Had Discretion To Determine No Side Prevailed.             In the Civil Code section 1717 area, a prevailing party is one which has only “good news” as far as prevailing in litigation.  Anything else, unless a result is overwhelmingly

Landlord/Tenant: Reversal Of A Directed Verdict Claim Meant Costs Award Was Reversed

Cases: Landlord/Tenant

However, Fee Award On A Withdrawn Claim Was Not Challenged On Appeal And Not Impacted By The Directed Verdict Reversal.             In Pennypacker v. Yuen, Case Nos. A157680/A157985 (1st Dist., Div. 2 June 15, 2022) (unpublished), tenant asserted tort, inhabitability, San Francisco administrative code claims, and a UCL claim against landlord.   Landlord made a pretrial

Appealability, Deadlines: Co-Defendant’s Failure To Appeal Judgment Or Fee Denial Order Was Fatal To Appellate Consideration Of The Fee Denial Challenge

Cases: Appealability, Cases: Deadlines

Co-Defendant Could Not “Hitch” Onto Appeals By Other Defendants.             In Greenfield LLC v. Kandeel, Case No. B297194 (2d Dist., Div. 5 June 14, 2022) (unpublished), a co-defendant was denied attorney’s fees and argued that denial was incorrect in an appellate case filed by other defendants.  The appellate court held it had no jurisdiction to

Costs: Where Successor Trustee Had To Join Parties Ultimately Dismissed To Obtain Possession Of Premises, Routine Costs Were Properly Awarded To Trustee For Activities Relating To the Dismissed Defendants

Cases: Costs

Prevailing Party Determination Is Pragmatic On Costs Awards As Well.             Successor trustee in Sutherland v. Arent, Case No. A161411 (1st Dist., Div. 1 June 14, 2022) (unpublished) was awarded costs after she finally obtained possession to a rental cabin by including dismissed defendants, with the dismissed defendants relinquishing possession to the trustee.  The primary

Costs: 9th Cir. Reverses FRCP 41(d) Fees As Costs Award For No Statutory Entitlement and No Allegations/Proof Of Bad Faith – Determining Fees Are Not Automatically Costs, But Majority Refuses To Determine If Allowed For Bad Faith/Forum Shopping

Cases: Costs

Partially Concurring/Dissenting Justice Would Vacate Costs Award And Remand To Determine If Bad Faith Existed, Wanting Ninth Circuit To Join Sister Circuits Finding That Bad Faith Can Be A Predicate For A Fees As Costs Award.             Moskowitz v. American Savings Bank, F.S.B., No. 20-15024 (9th Cir. June 10, 2022) (published) involved an interesting “attorney’s

Ethics, Reasonableness Of Fees: 2/8 DCA Justice Wiley Suggests That Ethical Games And Unprofessionalism Will Justify A Fee Recovery Denial Or Reduction

Cases: Ethics, Cases: Reasonableness of Fees

Case Did Not Involve Fees, But His Lesson Should Be Paid Attention To.             Although the opinion in Field v. U.S. Bank National Association, Case No. B309111 (2d Dist., Div. 8 June 9, 2022) (published) is not an attorney’s fees decision per se, an observation early on in the opinion, authored by Justice Wiley, should

SLAPP: Appellate Court’s Reversal Of SLAPP Denials Meant That Fee Denial Had To Be Reversed And Remanded For A Fee Determination

Cases: SLAPP

Even If Construed As A “Partial” SLAPPback, No Authority Cited To Preclude Fee Recovery.             In J.B.B. Investment Partners, Ltd. v. Fair, Case No. A160098 (1st Dist., Div. 2 June 9, 2022) (unpublished), defendant attorneys filed an anti-SLAPP motion which was granted on an abuse of process count and denied on other counts brought by

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