Author name: Marc Alexander

Homeowner Associations, Private Attorney General: Lower Court Got It Right In Denying Fees To Homeowner And HOA Which Did Not Meet Their Main Litigation Objectives, And Homeowner Was Not Successful Party Or Provided A Significant Benefit Under CCP § 102

Cases: Homeowner Associations, Cases: Private Attorney General (CCP 1021.5)

Ending Appellate Court Comment Urges Homeowners and HOAs To Work It Out, Rather Than Run To Court, Saying “Amen” To Trial Judge’s Closing Observation.             In Artus v. Gramercy Tower Condominium Assn., Case No. A161265 (1st Dist., Div. 2 Mar. 30, 2022) (published), a homeowner sued an HOA over election voting rules and sale/leasing guidelines.  […]

Private Attorney General: Appellate Court’s Reversal Of Grant Of Peremptory Writ Of Mandate Discharge Directives Also Gave Rise To Reversal Of Denial Of CCP § 1021.5 Fees.

Cases: Private Attorney General (CCP 1021.5)

Also, Trial Judge Applied An Inapt Catalyst Theory To The Plaintiff’s 1021.5 Fee Request.             In Community Venture Partners v. Marin County Open Space Dist., Case Nos. A161851/A162374 (1st Dist., Div. 4 Mar. 28, 2022) (unpublished), the appellate court reversed the granting of District’s motion to discharge a peremptory writ of mandate in a land

Block Billing, Reasonableness Of Fees: Even With Block Billing, $170,000 Fee Award—After A $64,000 Reduction—Was No Abuse Of Discretion

Cases: Block Billing, Cases: Reasonableness of Fees

Block Billing Criticisms Are Fair, Depending On The Circumstances.             Simons v. Superior Court, Case No. B309885 (2d Dist., Div. 3 Mar. 25, 2022) (unpublished) is a situation where the appellate court affirmed a Civil Code section 1717 fee award, even with high hourly rates and block billing, when the fee factual finder awarded $170,000

Requests For Admission: Costs-Of-Proof Sanctions Properly Denied Based On Ambiguity Of Requests And No Substantial Importance For Negligence Issues In Play

Cases: Requests for Admission

No Abuse Of Discretion Demonstrated.             In Cleveland v. Taft Union High School Dist., Case No. F080084 (5th Dist. Mar. 25, 2022) (unpublished), plaintiff obtained a $2 million negligence verdict against District in assessing the threat posed by a student who shot plaintiff in the stomach with a shotgun.  Plaintiff then moved for RFA costs-of-proof

Private Attorney General: $118,089.00 Fee Award For Litigant Partially Prevailing On CEQA Claim Affirmed On Appeal

Cases: Private Attorney General (CCP 1021.5)

Traffic Correction In EIR Justified The Award.             Once you prevail on a significant CEQA issue, fee entitlement under the private attorney general statute is likely the general rule, to the chagrin of municipalities and developers.  However, the trial judge still has discretion to make reductions as in a normal civil fee dispute, as United

Arbitration: Where Arbitration Costs Are Only Allowed To Be Granted By An Arbitator, That Contractual Clause Is Binding

Cases: Arbitration

Subsequent Post-Trial Proceeding Costs Not Subsumed In Contractual Clause.             In Crowder v. Freeman, Freeman & Smiley LLP, Case No. B309001 (2d Dist., Div. 1 Mar. 22, 2022) (unpublished), an appellate court reversed a superior court fee denial relating to arbitration proceedings, where only the arbitrator was allowed to award fees and costs.  The appellate

Consumer Statutes, Preemption: FTC Holder Rule Was To Be Applied Retroactively Such That Attorney’s Fees Denial Should Be Reversed

Cases: Consumer Statutes, Cases: Preemption

Civil Code Section 1495.5 Recent Enactments Sealed The Result.             The Fifth District, in Reyes v. Beneficial State Bank, Case No. F080827 (5th Dist. Mar. 2022) (published), had to confront a FTC Holder Rule argument that it capped attorney’s fees as “recovery” by its terms.  The appellate court, relying on Pulliam (see our Feb. 2,

Arbitration, Mediation: $38,000 Fee/Costs Award By Arbitrator To Prevailing Seller Was No Abuse Of Discretion

Cases: Arbitration, Cases: Mediation

Arbitrator’s Ruling That Seller Did Not Unreasonably Refuse Mediation Was Upheld.             Unless an arbitration agreement has language indicating that the arbitrator’s award is subject to review under a heightened standard for legal error, it will be close to impossible to reverse an arbitrator’s legal, much less factual, determinations.  Faro v. Garnero, Case No. C093870

Family Law: Family Code Section 2020 Denial Of Fees To Ex-Wife Was No Abuse Of Discretion Given The Record Created By Ex-Husband

Cases: Family Law

2030 Fee Orders Are Guided By An Abuse Of Discretion Standard With Respect To The Parties’ Ability To Pay.             Ex-wife, in Marriage of Ian W. and Margot H., Case No. A160486 (1st Dist., Div. 4 Mar. 21, 2022) (unpublished), was under the misapprehension that Family Code section 2030 fees were mandatory in any event. 

Appealability, Arbitration: Trial Court’s Denial Of Motion For Costs And Attorney’s Fees Incurred In Opposing And Conducting Arbitration Proceedings Denied As Interlocutory Because Merits Of Action Was Not Yet Decided

Cases: Appealability, Cases: Arbitration

Lots Of Arguments Raised, But Merits Had To Be Decided To Determine Who Prevailed.             What occurred in Harris v. University Village Thousand Oaks CCRC LLC, Case No. B311972 (2d Dist., Div. 6 Mar. 21, 2022) (unpublished) is that a lower court’s confirmation of an arbitration award was reversed because the appellate court determined that

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