Author name: Marc Alexander

Appealability: Appellate Court Has Nice Discussion On Why Most Orders Granting Attorney’s Fees, Sanctions, And Costs Are Independently Appealable

Cases: Appealability

Case Involved Application of the Disentitlement Doctrine.             Findleton v. Coyote Valley Band of Pomo Indians, Case Nos. A156459 et al. (1st Dist., Div. 2 Sept. 29, 2021) (published), although primarily involving application of the disentitlement doctrine to dismiss appeals by a tribe unless they complied with certain lower courts within 90 days, also contained […]

Costs, Section 998, Special Fee Shifting Statutes: No Abuse Of Discretion In Attorney Fees And Costs Award Of $1,454,938.70 Against One Of Three Defendants, Without Apportionment, In Wrongful Death Case

Cases: Costs, Cases: Section 998, Cases: Special Fee Shifting Statutes

Apportionment Of Attorney Fees Was Not Feasible As Plaintiffs’ Efforts Against The Defendants Were Inextricably Intertwined,  And The Case Could Not Have Been Presented Without Significant Expert Testimony To Determine Who Was Legally Responsible.             In Hatcher v. Powell, Case No. B302730 (2d Dist., Div. 6 September 27, 2021) (unpublished), four defendants were sued in

Discovery, Sanctions: No Abuse Of Discretion In Trial Court’s Imposition Of $12,250 In Sanctions Against Plaintiff For Abuse Of The Discovery Process.

Cases: Discovery, Cases: Sanctions

Plaintiff Was Not Substantially Justified In Initially Providing Objection-Only Responses And Failed To Meet His Burden In Showing An Abuse Of Discretion In The Trial Court’s Finding That Defendants’ Sufficiently Engaged In Meet And Confer Efforts.             In Kramer v. Dale, Case No. D077610 (4th Dist., Div. 1 September 24, 2021) (unpublished), the 4/1 DCA

Appealability, Deadlines, Family Law: Ex-Husband’s Appeals Of Postjudgment Fee Orders Doomed By Untimeliness Of Appeal On One Order And Lack of Merit On The Other Two.

Cases: Appealability, Cases: Deadlines, Cases: Family Law

Pay Attention to Appellate Deadlines, If You Want To Preserve Challenges.             In Marriage of Mhanna and Hage, Case Nos. H045078 et al. (6th Dist. Sept. 24, 2021) (unpublished), ex-husband challenged three attorney fees orders: (1) a first order awarding fees to ex-wife under Family Code section 271 and 2030 to the tune of $80,000;

Common Fund, Costs: Trope Limitation Prevents Self-Represented Attorney From Obtaining Fees Under Common Fund Theory, But Routine Costs Are Awardable

Cases: Common Fund, Cases: Costs

The 2/6 DCA, in a scholarly opinion written by Justice Yegan, faced the questions of whether a self-represented attorney, who was also the winning party, could seek recovery of attorney’s fees and costs under the nonstatutory common fund theory.  Different answers were the conclusions on the two issues.             In Leiper v. Gallegos, Case No.

Private Attorney General: $2.2 Million Fee Award To Various Parties Reversed

Cases: Private Attorney General (CCP 1021.5)

Reason Was Pretty Simple—The Claiming “Successful” Party Was Not Upon Reversal.             City of Gardena v. State Water Resources Control Board, Case No. G059466 (4th Dist., Div. 3 Sept. 22, 2021) (unpublished) is a situation where certain litigants won CCP § 1021.5 fees after prevailing on a regional water board dispute.  The total fees came

Costs: No Oral Hearing Required On Appellate Costs Motion

Cases: Costs

Nice Dissection Of Appellate Routine Costs, Which Were Allowed.             No reason for us to discuss in detail the case of Pacheco v. Tuttle, Case No. B302508 (2d Dist., Div. 3 Sept. 22, 2021) (unpublished), unless trial and appellate practitioners want to dive in the weeds, given that an appellate costs award of $1,627 was

Reasonableness Of Fees: $178,190.50 Fee Award To Residential Tenant Under Contractual Lease Clause Affirmed On Appeal

Cases: Reasonableness of Fees

Trial Court’s Award Was No Abuse Of Discretion.             In Javaheripour v. Sigal, Case No. B304911 (2d Dist., Div. 4 Sept. 22, 2021) (unpublished), residential tenant won an inhabitability case against landlord, winning an unlawful detainer trial and then moving for lots of fees.  And tenant got a lot of them–$178,190.50 to be exact.  That

Deadlines: Where Reverse Validation Action Had A 30-Day Appeal Deadline, That Deadline Governed Fee Motion Filing Despite More General Lengthier Deadlines

Cases: Deadlines

CCP § 1021.5’s Fee Claimant Motion Was Untimely.             Sometimes, the context of a suit determines when a fee motion needs to be filed.  Central Delta Water Agency v. Dept. of Water Resources, Case Nos. C078249 et al. (3d Dist. Sept. 22, 2021) (published) reminds practitioners in a reverse validation case—even where more claims are

Costs, Prevailing Party: Where Neither A Plaintiff Nor A Cross-Complainant Obtains Any Relief, Defendant Is The Prevailing Party For Costs, Absent A Costs Waiver

Cases: Costs, Cases: Prevailing Party

May Sound Quirky, But It Is The Law!             In Bernstein v. Sebring, Case No. C088375 (3d Dist. Sept. 21, 2021) (unpublished), plaintiff/cross-defendant and defendant/cross-complainant partially settled some claims (where costs were waived) but proceeded to trial on some remaining claims.  The trial judge ultimately dismissed plaintiff’s complaint, and defendant voluntarily dismissed his remaining cross-claim. 

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