Author name: William M. (Mike) Hensley

Deadlines, Family Law: Appellate Fees Properly Denied As Untimely And Marital Settlement Agreement Fees Denied To Ex-Wife, But Needs-Based Fees Had To Be Revisited

Cases: Deadlines, Cases: Family Law

Lack Of Family Code Section 2030 Findings Constituted An Abuse Of Discretion. In Marriage of Tran and Ha, Case No. G064047 (4th Dist., Div. 3 Feb. 17, 2026) (unpublished), ex-wife’s requests for two sets of fees (which were denied) did not result in a relook on appeal, but her request for non-appellate, needs-based fees had […]

Arbitration: Another Post-Hohenshelt Reversal For The Defense Arguably Not Paying One Invoice On Time

Cases: Arbitration

Although Remanded, Facts Suggested A Possible Delay Because Of A Calamity Evacuation By Defense Counsel. As we have said before, the CCP § 1281.98 defense missed payment deadline for employer/employee cases have resulted in many reversals and remands.  That also occurred in Colon-Perez v. Security Industry Specialists, Case No. A168297 (1st Dist., Div. 1 Feb.

Discovery: $20,000 Discovery Sanctions For Litigant’s Failure To Meet And Confer On Third Party Subpoena Is Affirmed On Appeal

Cases: Discovery

Substantial Evidence Supported The Result, Not To Mention A $35,000 Reduction In Requested Fees Showed No Arbitrary Result. Discovery disputes are contentious, and lower courts have a hard time on them based on the numerous issues that may be involved.  However, they have no problems sanctioning for a failure to meet and confer.  And that

Deadlines: Failure Of Losing Plaintiff to File A Motion To Tax Trial And Appellate Costs Waived Challenges To Routine Costs Entered By The Clerk

Cases: Deadlines

Lower Court Implicitly Extended The Deadline When Plaintiff’s Attorney Indicated Not Receiving The Trial Cost Memorandum (Which Was Cured), With Plaintiff Also Not Showing The Allowed Costs Were Improper—No Reversible Error. In Kirk v. Quirino, Case No. B340782 (2d Dist., Div. 7 Feb. 11, 2026) (unpublished), plaintiff lost a car accident case, with the lower

Section 1717: Where Plaintiff Pled Claims Based On Operating Agreements With Contractual Fee Clauses, It Did Not Matter If They Had Tort Origins

Cases: Section 1717

The Dismissed Claims Were “On The Contract” Under Civil Code Section 1717. We think that sometimes litigants and practitioners do not appreciate that Civil Code section 1717’s definition of “on the contract” is liberally construed, meaning that even tort claims based on contractual documents frequently will give rise to fee exposure.  JAJ3, LLC v. Bren,

SLAPP: Appellant’s Reversal Of Entire SLAPP Grant Meant That Attorney’s Fees Award Had To Be Revisited Against Previously Prevailing Defendants

Cases: SLAPP

Unsuccessful Claim Work, Impact On Future Litigation, Issues Remaining To Be Litigated, And Whether Defendants Remain The Prevailing Parties Based On SLAPP Denial As To Two Alleged Defamatory Communications Remaining. In White v. Gabriel, Case No. H052203 (6th Dist. Feb. 6, 2026) (unpublished) (White II), plaintiff sued several defendants for defamation, with two defendants entirely

Allocation, Fees On Fees, Homeowner Associations, Reasonableness Of Fees, Section 1717: Defendant Homeowners Prevailing On Deck/Gazebo Construction Dispute Were Properly Awarded A Total Of $615,118.37 In Fees And Costs

Cases: Allocation, Cases: Fees on Fees, Cases: Homeowner Associations, Cases: Reasonableness of Fees, Cases: Section 1717

CC&R And Nuisance Claims Were Intertwined, So No Apportionment Required, And Fee Excessive Claims Were Not Supported By Record Citations. Finley v. Gantz, Case No. D084145 (4th Dist., Div. 1 Feb. 6, 2026) (unpublished) reinforces a message we have refrained in the past: homeowner disputes can be expensive for the losing side, which will allow

Fee Clause Interpretation, Section 1717: Where A Broad Contractual Fees Clause Governed Any Dispute Between The Parties, Fees For Prevailing On A Successful Forum Selection Motion in California Gave Rise To Fees Under CCP §§ 1021, 1032, And 1033.5

Cases: Fee Clause Interpretation, Cases: Section 1717

Section 1717 Did Not Give Rise To Fees Based Upon DisputeSuite Opinion. This opinion highlights the importance of wording in a fees clause.  Broader language, such as “the prevailing party in any dispute or proceeding arising hereunder shall be entitled to recovery its costs and expenses incurred therein (including reasonable attorneys’ fees and expenses),” can

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