Author name: Marc Alexander

Allocation, Fee Clause Interpretation: Plaintiff Owner Losing A Variety Of Intertwined Claims Arising From A Home Improvement Contract Was Properly Assessed With Contractual Party Fees As Against The Home Improvement Installer

Cases: Allocation, Cases: Fee Clause Interpretation

Installer Was Awarded $1,223 In Costs And $95,531.68 In Attorney’s Fees.             Plaintiff owner sued a home installer on various contractual, tort, and statutory theories for a job of under $4,000, with there being a home improvement contract with a fees clause covering performance issues under the contract.  Owner lost across the board, with the […]

Costs, Laffey Matrix, Reasonableness Of Fees: Losing Defendants/Cross-Complainants Properly Saddled With RFA Proof Of Sanctions Fees And Routine Costs

Cases: Costs, Cases: Laffey Matrix, Cases: Reasonableness of Fees

Prevailing Parties Requested $393,945.30 In Fees, But Only Awarded $38,920.14—A Win, But Adverse Party Still Unsuccessfully Appealed.             The next case, Duncombe v. Barfresh Food Group, Inc., Case No. B308385 (2d Dist., Div. 2 May 31, 2022) (unpublished), demonstrates an important lesson:  where you obtain a significantly diminished fee award at the trial court level,

Consumer Statutes, Preemption: FTC’s Holder Rule Does Not Limit Recovery Against Lender Where State Prevailing Party Fee Statute Allows For Recovery Of Fees By Installment Credit Sale Debtor

Cases: Consumer Statutes, Cases: Preemption

California Supreme Court Resolves Split In DCA Thinking, Disapproving Lafferty And Spikener Decisions.             In Pulliam v. HNL Automotive Inc., Case No. S267576 (Cal. Supreme Ct. May 26, 2022) (published), our state supreme court confronted the FTC’s Holder Rule which requires consumer credit contracts to contain warnings that (1) all defenses against the seller of

Celebrities: Trial Litigation Expert For Newsweek Estimates That Johnny Depp Has Spent $5.5 Million And Amber Heard Has Spent $3 Million In Fairfax County, Virginia Litigation Where The Case Is Going To The Jury In Short Order

Cases: Celebrities

Mr. Depp May Have Spent $300,000 On Experts, And Ms. Heard Possibly Expended $200,000 On Experts.             In a May 26, 2022 on-line post in Newsweek, Manny Arora of Arora Law Trial Attorneys has estimated that Johnny Depp has expended $5.5 million in prosecuting his defamation action (requesting $50 million in damages) and in defending

Costs, Employment: $17,274.23 Costs To Prevailing Defendant In FEHA Case Affirmed Because Plaintiff’s Case Was Frivolous

Cases: Costs, Cases: Employment

Rosenman Written Finding Requirement Did Not Apply To Statutory Costs Award, With 2/1 DCA Articulating A Split In Thinking On The Written Requirement Dictate of Rosenman.             In Schoensiegel v. Abbott Laboratories, Inc., Case Nos. B312628/B314633 (2d Dist., Div. 1 May 24, 2022) (unpublished), plaintiff lost her FEHA action based on a successful summary judgment

Fee Clause Interpretation: $196,231.50 Attorney Fee Award To Prevailing Party Seller Of Real Property Affirmed On Appeal Despite Seller’s Failure To Attempt Mediation Pursuant To Form Purchase Agreement’s Fee Provision

Cases: Fee Clause Interpretation

Fee Provision Without Mediation Requirement In Later Jointly Drafted Cooperation Agreement Governed.             In Emery v. Marchick, Case No. B307999 (2d Dist., Div. 1 May 23, 2022) (unpublished), defendant used a California Association of Realtors’ Residential Purchase Agreement form in her offer to purchase a residential property from plaintiff.  The form purchase agreement contained an

Discovery: Defendant And Its Chicago Law Firm Ordered To Split Special Master Discovery Expenses For Failure To Preserve Text Messages And Misconduct Of Counsel During The Discovery Process

Cases: Discovery

“This was a large, important case for both parties.  The parties were entitled to zealous activity from their outside counsel and from their inside corporate attorneys.  However, zealous advocacy does not justify abusive conduct or hiding the ball.”             That was the conclusion of Senior U.S. District Judge R. Brooke Jackson in ORP Surgical, LLP

Section 1717: On Rehearing, 2/6 DCA Decides That Void Indemnity Agreement With Fees Clause In A Public Agency Contract Does Not Allow For Fees Recovery By Other Litigants

Cases: Section 1717

Illegal Contract Was No Different Than Public Contract Void Due To Lack Of Authority.             On February 6, 2022, we posted on a case for which rehearing was granted. The case is San Luis Obispo Local Agency Formation Comm’n v. Central Coast Development Co., Case No. B304144 (2d Dist., Div. 6 May 5, 2022) (published). 

Prevailing Party, Section 1717: 2/4 DCA Affirms Trial Court’s Denial Of $216,610 In Section 1717 Attorneys’ Fees To Prevailing Defendant Who Entered Into A Contract With Plaintiff That Contained An Attorneys’ Fees Clause

Cases: Prevailing Party, Cases: Section 1717

There Was No Basis For Section 1717 Attorneys’ Fees Because Plaintiff’s Action Was Not On The Contract, And Defendant Failed To Apportion Fees For Its Successful Cross-Complaint On The Contract.             Plaintiff retained defendant law firm to defend him in a legal malpractice lawsuit, and the parties entered into a retainer agreement which contained an

Experts, Prevailing Party, Section 998: Attorneys’ Fees Totaling Over $3.7 Million Plus Costs Totaling $367,192.84 Awarded To Two Prevailing Party Defendants Affirmed On Appeal.

Cases: Experts, Cases: Prevailing Party, Cases: Section 998

Costs Award To One Defendant Included $209,886.89 In Expert Witness Fees Because Plaintiff Had Rejected And Failed To Beat That Defendant’s Section 998 Offer Of $50,000 Plus Waiver Of Fees And Costs.             This next case provides a cautionary tale about the importance of giving careful consideration to reasonable section 998 offers – especially when

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