Author name: Marc Alexander

Class Actions: Ninth Circuit Determines Vouchers Are Coupons, And Pre-Certification Settlement Must Be Reviewed With Heightened Scrutiny

Cases: Class Actions

Ninth Circuit Showing A Significant Trend To Review Class Action Settlements Closely, Especially Where Non-Cash Relief, Clear Sailing Provisions, And Reverter Features Are Involved.             The Ninth Circuit certainly has taken a much closer scrutiny of coupon/voucher/non-cash relief settlements in a series of decisions we have posted on in the past under our category “Class […]

Fee Clause Interpretation, Section 1717: Where Cross-Complaint Did Not Involve Any Enforcement Or Promise Breaches Of A Purchase Agreement With A Fees Clause, Attorney’s Fees Lacked Any Entitlement Basis

Cases: Fee Clause Interpretation, Cases: Section 1717

Section 1717 Did Not Change The Analysis, Because The Scope Of The Fee Clause Can Only Relate To Contractual Claims—Meaning CCP § 1021 Must First Be Overcome.             Otay Land Co., LLC v. U.E. Limited LLC, Case No. D077274 (4th Dist., Div. 1 Oct. 20, 2021) (unpublished) reminds us that Civil Code section 1717 reciprocity

Appealability, Costs, Deadlines: $10,800 Costs Recovery To Certain Defendants After Plaintiff Dismissed Case Without Prejudice And Refiled In Texas Was Not Erroneous

Cases: Appealability, Cases: Costs, Cases: Deadlines

4/3 DCA Sides With The View That A Costs Award Entered After A Voluntary, Without Prejudice Dismissal Is Appealable.             In Thomas v. St. Joseph Health System, Case No. G059408 (4th Dist., Div. 3 Oct. 20, 2021) (unpublished), plaintiff doctor sued certain health care defendants in Orange County Superior Court for interference/unfair competition.  Certain defendants

Prevailing Party: Trial Court’s Awards Of Attorney’s Fees And Costs To Landlord Before Final Judgment Entered Did Require Reversal Of Awards

Cases: Prevailing Party

Fee/Costs Awards Before Final Judgment Entered Were Premature And Infirm.             After a plaintiff tenant surrendered possession but before a final judgment was entered in an unlawful detainer action, a trial judge—thinking the case effectively was “over”—entered an attorney’s fees award to landlord as prevailing party in the sum of $221,849 (out of a requested

Appeal Sanctions, Sanctions, Settlement: No Abuse Of Discretion In Trial Court’s Order Sanctioning Plaintiffs $10,000 For Failure To Execute Settlement Agreement

Cases: Appeal Sanctions, Cases: Sanctions, Cases: Settlement

The Record Reflected That The Parties Agreed In Open Court To Put The Oral Settlement Agreement In Writing And That Deadlines For Payment Of Settlement Funds Would Be Triggered By Full Execution Of The Written Settlement Agreement.             In Tricoast Builders v. Frederick, Case No. B307825 (2d Dist., Div. 6 October 18, 2021) (unpublished), homeowner

Prevailing Party: Denial Of Attorney Fees To Civil Harassment Defendant Claiming Prevailing Party Status In Voluntarily Dismissed Case Affirmed On Appeal

Cases: Prevailing Party

Award Of Attorney Fees Under Code Civ. Proc. § 527.6 Is Committed To The Discretion Of The Trial Court Regardless Of Prevailing Party Status             In Myers v. Dorsaneo, Case No. A161586 (1st Dist., Div. 1 October 18, 2021) (unpublished), the 1/1 DCA affirmed the trial court’s denial of Code Civ. Proc. § 527.6 attorney

Arbitration, Civil Rights, Employment: Employee’s Petition For Writ Of Mandate Granted Where Employer Was Awarded $6,912 In Attorney Fees For Successfully Bringing Motion To Compel Arbitration Of FEHA Claims

Cases: Arbitration, Cases: Civil Rights, Cases: Employment

Based On The Standards Set Forth For Imposition Of Fees Under FEHA, Employer’s Arbitration Agreement Did Not Authorize Recovery Of Attorney Fees Absent A Finding That Employee’s Opposition To Motion To Compel Arbitration Was Groundless.             California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) provides that a prevailing FEHA defendant

Employment, Multipliers, Reasonableness of Fees: No Abuse Of Discretion In Trial Court’s Award Of Attorney Fees To Prevailing Plaintiffs In DJOA Action

Cases: Employment, Cases: Multipliers, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Amount Of Fee Award Was Justified Given Trial Court’s Analysis Of The Complexity Of The Case, Results Achieved By Plaintiffs, And Plaintiffs’ Showing To Support The Fee Request.             The Displaced Janitors Opportunity Act (Lab. Code, §§ 1060–1065) “requires contractors who are awarded contracts for janitorial or building maintenance services at a particular site to

Retainer Agreements: Termination Provision Applicable To Client Responsibility For Expenses And Fees Did Not Become Unenforceable After Client Terminated The Attorney

Cases: Retainer Agreements

Termination Provisions Set Fee Recovery With Reasonable Hourly Rates.             In David Allen, APLC v. Gentry, Case No. A160180 (1st Dist., Div. 5 Oct. 15, 2021) (unpublished), client terminated an attorney where the Retainer contained a provision stating, “I agree this Agreement may be terminated by either Attorney or me. In the event of termination,

Judgment Enforcement: 2/1 DCA Finds That Proportionality Analysis Can Be Used In Postjudgment Enforcement Fee Recovery Efforts

Cases: Judgment Enforcement

Upshot Is That Judgment Creditors May Need To Pursue The Most Cost Effective Remedy.             In Wertheim, LLC v. Currency Corp., Case No. B304655 (2d Dist., Div. 1 Oct. 14, 2021) (published), the Court of Appeal determined that a judgment creditor’s pursuit of over $800,000 in fees against a judgment debtor where the base judgment

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