Author name: Marc Alexander

Consumer Statutes: Split Ninth Circuit Panel Decides That Attorney’s Fees Can Be Included In Determining $50,000 Amount In Controversy Jurisdictional Threshold Under The Federal Magnuson-Moss Warranty Act

Cases: Consumer Statutes

Dissent Disagrees; However, Because No Fee Entitlement Was Available Under Michigan State Statutes, Fees Were Not Includable So Federal Jurisdiction Was Not Present—A Conclusion Endorsed By All The Panel Justices.             The federal Magnuson-Moss Warranty Act (MMWA) has a $50,000 amount-in-controversy jurisdictional threshold (exclusive of interests and costs), computed on the basis of all claims […]

SLAPP: Where In Pro Per Litigant Hired An Assisting Attorney To Help With A SLAPP Motion And Apportioned Requested Fees 50% To Reflect Winning On One Out Of Two Claims, Appellate Court Affirmed Trial Judge’s SLAPP Fee Award

Cases: SLAPP

A Little Over $38,000 Was The Final Fee Award.             Although an in pro per litigant cannot obtain a SLAPP fees award, he can get an award where he retains an attorney to assist him with prosecuting a SLAPP motion, even if the attorney is not of record.  (Witte v. Kaufman, 141 Cal.App.4th 1201, 1207

Costs, Prevailing Party, Section 1717, Section 998: Fifth District Deals With Various Prevailing Party Issues For Costs And Fees Award To Litigants Who Both Claimed To Have Prevailed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Plaintiff Winning Some Money Entitled To Routine Costs, But Defense Entitled To Prevailing Party Fees And Some Other Routine Costs Relating To Fee And Expert Witness Work, Some Other CCP § 998.             Mike Murphy’s Enterprises, Inc. v. Fineline Industries, Inc., Case No. F080503 (5th Dist. Apr. 13, 2022) (unpublished) is a good opinion to

In The News . . . . Plaintiff Winning About $309,500 In Damages Against Amazon In Disparate Treatment Accommodation Case Garners Fee Award Of $2.47 Million

In The News

She Asked For $3.46 Million In Fees.             Even though not winning all of her claims against Amazon, a female employee who won a disparate treatment claim based on pregnancy accommodation issues to the tune of about $309,500 in damages also requested a fees award of $3.46 million as prevailing party.  The trial court agreed

In The News: Mike and Marc Are Interviewed On The Subject Of Attorney’s Fees

In The News

California Appellate Law Podcast.         Because we have published our attorney's fees blog since 2008, Mike and Marc were recently interviewed by Tim Kowal and Jeff Lewis, the creators of the California Appellate Law Podcast. Thanks, Tim and Jeff for the opportunity to speak about attorney's fees. Our interview is the 28th episode of their

Costs, Deadlines, Requests For Admission, Section 998: 2/8 DCA Affirms Denial Of Costs Of Proof Sanctions And Untimely Fee Request, Sustains Some Costs Despite A Costs Memo Verification, And Reversed Expert Fee Award Based On Invalidity Of 998 Offer

Cases: Costs, Cases: Deadlines, Cases: Requests for Admission, Cases: Section 998

Panoply Of Issues Addressed In This One.             In Bogdan v. Polak, Case Nos. B306264/B309780 (2d Dist., Div. 8 Apr. 6, 2022) (unpublished), landlord won a gnarly retaliatory eviction lawsuit against tenant based on some nonsuits and an eventual jury trial.  In postjudgment proceedings, the lower court denied landlord’s attorney’s fees request as untimely, awarded

In The News . . . . Facebook And Gibson Dunn Are Being Targeted For Discovery Sanctions Of Over $854,000 In Privacy Class Action In Northern California

In The News

Motion Has Been Filed And Unsealed, With Opposition Due In The Future.             Just to show you how civil discovery is a financially draining part of litigation and is also the source of substantial sanctions motion for delay, one only needs to look at a motion filed by Plaintiffs in a privacy class action against

Costs: Trial Court’s Judgment Vacating Costs Awarded Against Gambling Licensee By The California Gambling Control Commission And Authorizing Remand To Administrative Law Judge Affirmed On Appeal

Cases: Costs

The Commission Awarded Costs To The Bureau Of Gambling Control After Concluding ALJ’s Denial Of Costs Was Based On Misinterpretation Of The Law Governing Costs Awards, But Should Have Remanded The Issue To The ALJ, And Nothing In Bus. & Prof. Code § 19930(d)(1) Prevented Trial Court From Vacating The Award And Remanding To The

Family Law: Appellate Court Affirms 80/20 Total Fee Division Between Husband And Wife Where Husband Had A Disparate Net Worth Variance

Cases: Family Law

What Caught Our Eye On This One—Total Fees And Court Costs Were $7.5 Million Altogether!             Marriage of Zucker, Case Nos. B281051 et al. (2d Dist., Div. 4 Mar. 3, 2022, modified Apr. 1, 2022) (partially published on invalidity of spousal support provision; fee discussion unpublished) involved a dissolution proceeding where the husband had a

Appealability, POOF!: Reversal Of Merits Judgment For $390,184 In Damages Also Meant That A $365,065 Prevailing Parties’ Fees Award Went POOF!

Cases: Appealability, Cases: POOF!

No Separate Appeal Of The Fees Award Was Necessary To Extinguish The Fees Award—Although Prudent Appellate Practitioners Usually Appeal Separately To Be Cautious.             In Medical Benefits Administration, Inc. v. Nivano Physicians, Case No. C093214 (3d Dist. Apr. 1, 2022) (unpublished), prevailing parties were awarded $365,065 in attorney’s fees after winning $390,184 in damages.   However,

Scroll to Top