Author name: Marc Alexander

Homeowner Associations: HOA/Affiliated Defendants Properly Awarded $81,083 In Fees Under The Davis-Stirling Act After Plaintiff Voluntarily Dismissed Her Suit

Cases: Homeowner Associations

Defense SLAPP Fees, Although SLAPP Grant Was Reversed, Were A Proper Element In The End, Because Litigation Sometimes Involves Unsuccessful Efforts—Giving Trial Judges Discretion On Whether to Award Fees For Those Efforts.                In Mondragon v. Bergmann, Case No. B335486 (2d Dist., Div. 3 Apr. 30, 2025) (unpublished), plaintiff suing a homeowner’s association and related […]

Judgment Enforcement: Enforcement Of Canadian Judgment In California State Courts Reminds Us That Attorney’s Fees Awarded In A Foreign Court Are Compensatory In Nature

Cases: Judgment Enforcement

They Are Not Penal, So Recognition Of The Award In California Is Proper.                Racicot v. Wiseau Studio, LLC, Case No. B334219 (2d Dist., Dif. 3 Apr. 30, 2025) (unpublished) is a situation where a Los Angeles County Superior Court judge domesticated a $1,089,010.16 Canadian judgment under the Uniform Foreign-County Money Judgments Recognition Act, Civ.

Prevailing Party: Ninth Circuit Denies Civil Rights Attorney’s Fees To Plaintiff Whose Case Was Mooted By Hawaii Legislative Amendments

Cases: Prevailing Party

However, Some Concurring Justices Were Concerned That Plaintiffs Will Never Get Fees Under Cases Where They Had Earlier Prevailed, Only To Have Technicalities Render The Matter Moot.                On March 17, 2025, we posted on Lackey v. Stinnie, 145 S.Ct. 659 (2025), where SCOTUS held that a plaintiff winning a preliminary injunction, with plaintiff’s case

Equity: Losing Ex-Client Was Entitled To Have The Lower Court Gauge If Her Medical Disabilities Prevented Her From Contesting Post-Arbitration Trial Court Proceedings Where She Was Found Liable To Ex-Attorney For Unpaid Attorney’s Fees

Cases: Equity

Lower Court’s Failure To Consider The Extrinsic Mistake Motion To Vacate Judgment In Post-Arbitration Proceedings Was Error.                In Mehr v. Korbin, Case No. B335052 (2d Dist., Div. 4 Apr. 25, 2025) (unpublished), ex-client and ex-attorney got into a dispute on the division of attorney’s fees from a third-party global settlement, agreeing to arbitrate the

Employment: Based On A Prior Reversal And Remand, Prevailing Employee On A Wage Statement/Personnel Record Turnover Violations Properly Awarded Fees Of $23,035.75

Cases: Employment

However, Employer Was Awarded $32,682.11 In Appeal Costs.                 In Ortega v. Carson Wild Wings, LLC, Case No. B338378 (2d Dist., Div. 1 Apr. 24, 2025) (unpublished), employer and employee had a prior appeal by which a fairly sizable jury verdict and attorney’s fees award in employee’s favor was reversed, but remanded for a determination

Section 998: Rejected Defense Offer Of $15,000, Where Plaintiff Recovered Nothing, Justified Award Of Defense Costs Request In An Unruh Act Case

Cases: Section 998

Defense Was Awarded $67,313.97 Under § 998, Applicable To Unruh Act Claims.                In Hughes v. Target Corp., Case No. H050996 et al. (6th Dist. Apr. 22, 2025) (unpublished), plaintiff brought an Unruh Act claim against defendant based on an altercation with Target’s security guard.  She lost.  Earlier, she had rejected a $15,000 CCP §

Homeowner Associations, Prevailing Party: HOA Owner Properly Denied Attorney’s Fees Because HOA Dismissed Complaint Against Him After Defeating Cross-Claims, So No One Technically Prevailed

Cases: Homeowner Associations, Cases: Prevailing Party

HOA Did Get Prior SLAPP Fees For SLAPPing HOA Owner’s Cross-Complaint.                Loma Linda Homeowners Assn. v. Aquino, Case No. D085390 (4th Dist., Div. 1 Apr. 22, 2025) (unpublished) is a study on how lower and appellate courts “do justice,” within the confines of legal principles, in HOA owner and HOA disputes.  They are ugly,

Appeal Sanctions, Costs, Family Law: Although Prevailing Party On Appeal Entitled To Costs, There Was No Bases For Appeal Attorney’s Fees Or Appellate Sanctions

Cases: Appeal Sanctions, Cases: Costs, Cases: Family Law

Sanctions Award Under Family Code Section 271 Was Defective Because Prevailing Party Failed To Give Notice Of Seeking This Relief.                In Marriage of Terry, Case No. B334907 (2d Dist., Div. 6 Apr. 21, 2025) (unpublished), a prevailing party on appeal was awarded three components by the lower court:  (1) routine costs; (2) $23,587.20 in

Costs: Appellate Court Rejects Argument That Confidentiality of Medical Information Act Precludes Award Of Costs To Prevailing Defendant

Cases: Costs

Appellate Panel Found No Prejudice For Premature Costs Memorandum Filing and Affirms Most Awarded Costs To The Defense.                Doe v. Santa Cruz-Monterey-Merced Managed Medical Care, Case No. H051821 (6th Dist. Apr. 17, 2025) (unpublished) is a situation where a defendant obtained summary judgment against plaintiff on a Confidentiality of Medical Information Act (Civ. Code,

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