Author name: William M. (Mike) Hensley

Private Attorney General: Orange County Superior Court Judge Awards $959,853.73 To Four Organizations Prevailing In California Freedom To Read Act Case

Cases: Private Attorney General (CCP 1021.5)

Private Attorney General Statutes Justified The Award. In a case garnering attention in a May 1, 2026 article “Judge says city must pay $1M in court fees” published in the May 1, 2026 edition of The Orange County Register, Orange County Superior Court Judge Lindsey E. Martinez did award four organizations, in a tentative ruling,

Section 998: In Lemon Law Car Case, Defense Offers To Correct Under CLRA And Acceptance Of Plaintiff 998 Offers Justified Denial Of Consumer Protection Prevailing Fees To Plaintiff

Cases: Section 998

Also, Plaintiff Correctly Was Not Saddled With Routine Costs Against One Settling Defendant. In an interesting case for lemon law practitioners where correction offers and CCP § 998 offers are involved, the appellate court in Elikov v. Hyundai of Folsom, LLC, Case No. C099253 (3d Dist. Apr. 30, 2026) (unpublished) affirmed a denial of attorney’s

Private Attorney General: Real Parties In Interest And Intervenor Trade Association, Alleging A Direct Pecuniary Interest In Vindicating State Department Policies Which Were Not Upheld In Rodenticides Pesticides Case, Were Jointly And Severally Responsible For Attorney’s Fees To Prevailing Petitioner

Cases: Private Attorney General (CCP 1021.5)

After Some Lodestar Reductions And Grant Of A Positive 1.3 Multiplier, About $857,000 Was Petitioner’s Fee Award Affirmed On Appeal.  This case involved a petitioner’s challenge in a public interest litigation to the Department of Pesticide Regulations’ need to reevaluate five rodenticides.  Department alone was not involved, with real parties in interest and intervenors claiming

Probate, Reasonableness Of Fees: Probate Court’s Denial Of Successor Trustee’s Request For Attorney’s Fees Properly Denied

Cases: Probate, Cases: Reasonableness of Fees

The Fee Request Correctly Denied Because Trustee Breached The Trust, Sought To Recover Impermissible Fees Defending Her Removal, And Were Unreasonable In Nature. Estate of Disney, Case No. A171426 (1st Dist., Div. 2 Apr. 28, 2026) (unpublished) was a situation where successor trustee of grandmother’s trust was granted trustee’s and attorney’s fees/costs of a substantial

Section 998: Where Plaintiff Only Obtained A $15,835 Personal Injury Jury Verdict, After Rejecting An Earlier CCP § 988 Offer For $50,000, Plaintiff Properly Was Saddled With Post-Judgment Costs Of The Defense

Cases: Section 998

Plaintiff’s Failure To Develop A Reasoned Appellate Argument For Reversal Doomed The Appeal. In Cardeas v. Solorzano, Case No. A172766 et al. (1st Dist., Div. 2 Apr. 28, 2026) (unpublished), plaintiff obtained a $15,835 jury verdict in a personal injury car crash case, after rejecting a defense CCP § 998 offer of $50.000. The lower

Homeowner Associations:  $816,260.08 Fee/Costs Award Under Davis-Stirling Act Fee Shifting Provision Affirmed On Appeal In HOA’s/Affiliates’ Favor

Cases: Homeowner Associations

Case Shows How These Disputes Can Be Heartbreaking For Either Side. Burnside v. 1545 Broadway Homeowners Assn., Case No. A171368 et al. (1st Dist., Div. 2 Apr. 28, 2026) (unpublished) shows how HOA-homeowners cases, with respect to fee and costs recovery by a victory, echo the famous sports retort “the thrill of victory and the

Arbitration: Where A Party Prevailed After Multiple Appeals And After Post-Arbitration Proceedings In Which Consumer Loan Interest/Loan Fee Provisions Were Voided, The Award Of Prevailing Party Fees Totaling $900,718 Was Proper

Cases: Arbitration

A Final Determination Was Made: Client Prevailed, And To The Victor Went The Spoils –Substantial Attorney’s Fees. Once again, Law Finance Group, LLC v. Key, Case Nos. B338733 et al. (2d Dist., Div. 2 Apr. 27, 2026) (unpublished) confirms that the victor in arbitration proceedings, which may entail having to overturn an adverse arbitration award

Costs: $38,568.63 Costs Award For Administrative Record Preparation In Favor Of Prevailing City Was Affirmed On Appeal

Cases: Costs

Plaintiff’s Failure To Include The Costs Memorandum Was Fatal. Citizens Against Marketplace Apt./Condominium Development v. City of San Ramon, Case Nos. A170988 et al. (1st Dist., Div. 5 Apr. 24, 2026) (partially published; costs discussion not published) dealt with a $38,568.63 costs award to City for administrative record preparation in a case where it prevailed

Special Fee Shifting Statutes: CCP § 473(a) Does Not Allow A Lower Court To Award Attorney’s Fees As A Condition Of Allowing An Amendment To Pleadings

Cases: Special Fee Shifting Statutes

4/1 DCA Disagreed With Treatise Commentary And An Older, Antiquated Supreme Court Case To The Contrary. In Amezcua v. Superior Court, Case No. D087216 (4th Dist., Div. 1 Apr. 24, 2026) (published), the appellate court reversed a $25,000 sanctions award under CCP § 473(a) to the extent it conditioned payment of attorney’s fees as a

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