Author name: Marc Alexander

SLAPP: Although Defendant’s SLAPP Motion Was Frivolous, $5,000 Fee Award Was Reversed As A Matter Of Law Because Plaintiff Law Firm Represented Itself In The SLAPP Proceedings

Cases: SLAPP

Self-Represented Attorney Cannot Get Sanctions For Frivolous SLAPP Motion.             In the SLAPP area, a trial judge can award fees as sanctions against a defendant which files a frivolous SLAPP motion.  That did occur in Stuart Kane LLP v. The Law Offices of J.D. Cuzzolina, Esq., Case No. G060172 (4th Dist., Div. 3 Apr.27, 2022) […]

Fee Clause Interpretation, Section 1717: $157,191 Fee And $7,219.60 Costs Award Under A Contractual Fees Clause Affirmed On Appeal

Cases: Fee Clause Interpretation, Cases: Section 1717

Defendants’ Nonsignatory Status Did Not Change The Result Because Plaintiffs Would Have Been Entitled To Fees Had They Won.             Based on a broad contractual fees clause in an agreement governing a dispute over the use of large electric sign in the City of Long Beach to advertise car dealerships in the area, defendants obtained

Family Law, Sanctions: No Abuse Of Discretion In Trial Court’s $37,500 Attorney Fees Award, Which Included A $7,500 Deduction Based On Wife’s Conduct, Against Husband In The Form Of Section 271 Sanctions

Cases: Family Law, Cases: Sanctions

Trial Court Had Ensured Against Financial Burden On Husband By Ordering Payment Of The Sanctions Through $200 Monthly Increments, And Its Statement Of Decision Made Clear That The Trial Court Had Considered The Behavior Of Both Parties.             Family Code section 271(a) – the purpose of which is to promote settlement and encourage cooperation –

Estoppel, Fee Clause Interpretation: A Little Over $320,000 Fee Award Gets Reversed As A Matter Of Law Because The Clause Did Not Cover The Scope of the Adjudicated Dispute

Cases: Estoppel, Cases: Fee Clause Interpretation

Interpretation Of Fee Clause Wording Is A Fertile De Novo Review Issue For Losing Litigants Facing Fee Exposure.             On appeal, one of the best issues is whether there is fee entitlement. In many disputes, this means does the fee clause cover the dispute which was adjudicated before a court or jury?  If the answer

Celebrities: Trump Campaign Ordered To Pay $1.3M Attorney’s Fees To Omarosa Manigault Newman

Cases: Celebrities

Celebrities Clash Over Attorney's Fees.         Maggie Haberman of the NYT reported on April 20, 2022, that the campaign organization of celebrity and former president Donald Trump has been ordered to pay celebrity Omarosa Manigault Newman $1.3M in atttorney's fees. The subject of the dispute was apparently an unsuccessful attempt to enforce a nondisclosure agreement

Partition: Court Of Appeal Affirms A Proportionate Share Of Partition Attorney’s Fees Being Awarded Among Litigants In Partition Action Based On Common Benefit Analysis Under CCP § 874.040

Cases: Partition

Lin Decision Was Followed, Which Seems To Be The Reasoning Adopted By Most Appellate Courts.             In Thornber v. Colby, Case No. C089687 (3d Dist. Apr. 20, 2022) (unpublished), a trial judge decided that $60,000 in fees incurred by plaintiffs in a successful partition by sale action should be proportionately allocated between plaintiffs and defendants

Undertaking: Home Foreclosure Preliminary Injunction Can Include Amount Of Attorney’s Fees Lender Would Likely Incur As A Result Of The Injunction

Cases: Undertaking

Even If Deed Of Trust Only Allows Fees Added To The Debt, Fees Can Be Included For Provisional Relief Pending Future Actions On Whether Fees Recovered Through A Foreclosure Sale.             In Johansen v. Bayview Loan Servicing LLC, Case No. C089085 (3d Dist. Apr. 19, 2022) (unpublished), residential borrower obtained a preliminary injunction to prevent

Probate, Sanctions: Sanctions Issued Against Beneficiary Contesting Trustee’s Account, Which Included $72,699 In Attorneys’ Fees, Affirmed On Appeal

Cases: Probate, Cases: Sanctions

Appellant’s Conclusionary Statements Were Not Sufficient To Meet Appellant’s Burden To Overcome Deferential Substantial Evidence Standard On Appeal.             This next case provides a cautionary tale and affirms what we’ve said before – fee shifting statutes can be a real game changer.             Appellant in Cavanagh v. Cavanagh, Case Nos. B294140/B299039 (2d Dist., Div. 6

Employment: Plaintiff Winning A Determination That He Was An Employee Hit With Adverse Attorney Fees Award Of $34,505 Under Fee-Shifting Statute

Cases: Employment

Lower Court, Determining That The $25,753.25 Paid To Plaintiff For His Work Exceeded The Minimum Wage Rate He Was Entitled To, Awarded Plaintiff $0 On His Wage Claim – Opening The Door For Defendant To Seek Fees Under Labor Code § 98.2(c)             In Gantman v. Stephan, Schreiber & Tabachnick CPA’s, Case No. B291932 (2d

Private Attorney General: Plaintiffs’ Fee Award Of $2,123,591 In DUI Conflict Of Interest Case Affirmed

Cases: Private Attorney General (CCP 1021.5)

However, Because Plaintiffs Entitled To Judgment On All Claims, Matter Remanded To See If Additional Trial Fees Should Be Awarded As Well As Calculation Of Winning Appellate Fees.             Boy, oh boy, what appellate decisions can do with respect to fee awards.             In California DUI Lawyers Assn. v. Cal. Dept. of Motor Vehicles, Case

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