Author name: Marc Alexander

Discovery, Sanctions: $17,427 In Sanctions Imposed In Connection With Second Special Interrogatory Objections Were Reversed As A Matter Of Law

Cases: Discovery, Cases: Sanctions

The Second Special Interrogatories Were Duplicative Of First Special Interrogatories To Which No Motion To Compel Was Made, So The Lower Court Lacked Jurisdiction To Award Sanctions The Second Time Around.             We post on this one to share a nifty older case for litigators embroiled in discovery battles to keep in their back pockets. […]

Probate: Routine And Extraordinary Probate Attorney’s Fees Are Normally Payable Out Of The Estate

Cases: Probate

Appellate Court Rejected Ordering That Payment Of Fees And Costs Should Come From Personal Representative’s Attorney.             In the probate area, Estate of Anderson, Case No. A161729 (1st Dist., Div. 1 Aug. 17, 2021) (unpublished) confirms the general rule that routine and extraordinary probate attorney’s fees are normally payable out of the probate estate.  These

Allocation: Where Prevailing Litigant Failed To Apportion Compensable And Non-Compensable Fees Where Governing Documents Required A Causal Connection To The Contracts, The Lower Court Did Not Abuse Its Discretion In Denying Fees Altogether

Cases: Allocation

Practice Tip—Think About Apportioning To Avoid The Result Here!             Stifano v. Slaga, Case No. D077865 (4th Dist., Div. 1 Aug. 17, 2021) (unpublished) is an example of a case which we do not see often:  a trial judge denying attorney’s fees altogether when a party did not apportion them between compensable and non-compensable claims.

Class Actions: $1.2 Million Class Action Fee Award Remanded For Another Look Where Ninth Circuit Majority Was Convinced Settlement Valuation Was Overinflated And Clear Sailing Provision Indicated Possible Collusion With The Defense

Cases: Class Actions

Ninth Circuit Seems To Be Looking At Class Action Settlement Valuations Most Closely, Although Dissenting Circuit Judge Thought District Judge’s Decision Was Adequate.             We are starting to discern a trend by the Ninth Circuit to scrutinize class action settlements and fee requests with more rigor, as Kim v. Allison (Tinder, Inc.), Case No. 19-55807

Interpleader: $8,424.80 Interpleader Fee Award Affirmed In Settlement Agreement Dispute

Cases: Interpleader

Once Interpleader Found Necessary, Interpleader Losing Party Had To Bear Costs/Fees.             In Eskenazi v. 301 Culver, LLC, Case No. B302398 (2d Dist., Div. 7 Aug. 16, 2021) (unpublished), a settlement agreement was in controversy, with one party filing an interpleader action relating to contested settlement funds at issue.  Eventually, the interpleading party prevailed and

Private Attorney General: $115,000 Fee Award To School District In Winning Charter School Zoning Exemption Dispute Was Affirmed On Appeal

Cases: Private Attorney General (CCP 1021.5)

Implied Findings On CCP § 1021.5 Elements Will Suffice Legally.             The school district in San Jose Unified School Dist. v. Rocketship Education, Case No. H045884 (6th Dist. Aug. 16, 2021) (unpublished) successfully challenged a charter school zoning exemption, in a lower court ruling affirmed in an earlier published appellate decision.  The District then obtained

Preemption: Federal Crop Insurance Act Requires Ranchers To Obtain Determination From Federal Crop Insurance Corporation To Seek Extra-Contractual Damages, Fees, Or Expenses

Cases: Preemption

Case Demonstrates How Agricultural Cases Are Subject To Governmental Regulations.             Although not directly involving an attorney’s fees or costs issue, we still post on Sunset Ranches, Inc. v. NAU Country Ins. Co., Case No. F078916 (5th Dist. Aug. 16, 2021) (unpublished) because it shows how agricultural litigation disputes may face federal preemption principles.  In

Appeal Sanctions, Judgment Enforcement, Tort Of Another: Judgment Creditor Denied Contractual, Statutory, Or Tort Fees Where Thrust Of Dispute Involved Claim Under A Separate Contract Not Involving Judgment Debtors And Having No Contractual Fees Clause

Cases: Appeal Sanctions, Cases: Judgment Enforcement, Cases: Tort of Another

Attorney Was Not A Party To The Judgment Collection Settlement Agreement And Defenses Asserted In An Answer Do Not Provide A Tort Of Another Damages Predicate; Appellate Sanctions Request Denied.              Bush v. Cardinale, Case No. A159689 (1st Dist., Div. 4 Aug. 13, 2021) (unpublished) was a situation where a judgment creditor reaching judgments against

Reasonableness Of Fees: $943,250 Fee Award To Title Company Under Contractual Fees Clause Was Not Excessive

Cases: Reasonableness of Fees

Title Company Requested $1,851,575 Lodestar Request, Substantially Reduced By The Lower Court—Ultimate Award Was No Abuse Of Discretion.             In Meridian Financial Services, Inc. v. Phan, Case Nos. D078586/D078589 (4th Dist., Div. 1 Aug. 10, 2021) (published), Chicago Title won a summary judgment in a dispute where there was a prevailing party fees clause in

Ethics: 4/3 DCA Justice Fybel Provides Tips For Judges To Avoid Ethical Issues

Cases: Ethics

OCBA ZOOM Meeting On August 5, 2021 Provides Some Nice Guidance.             On August 5, 2021, Justice Richard Fybel provided a symposium for lawyers and judges on how California judges (and lawyers, for the matter) should ethically guide themselves, both in court and out of court, under the California Code/Canon of Ethics.  Here are the

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