Author name: William M. (Mike) Hensley

Employment, Lodestar, Multipliers: $2,376,677.50 Fee Award Is Affirmed On Appeal

Cases: Employment, Cases: Lodestar, Cases: Multipliers

Lower Court Did Reduce The Request By $348,208.50, And It Correctly Denied A Positive Multiplier Request By Plaintiff. In Maas v. McKinnon Broadcasting Co., Case No. D082767 (4th Dist., Div. 1 Jan. 13, 2026) (unpublished), plaintiff obtained a $1,775,000 jury verdict after a four-week trial in a discrimination case, although she did not win on […]

Allocation, Section 1717: Appellate Court Affirms A Substantial Fee And Costs Award In A Mixed Contract/Tort Case Based On Santisas

Cases: Allocation, Cases: Section 1717

Case Drew Three Opinions, A Concurrence Finding 70% Defense Allocation For Tort Claims Was Reasonable, But With A Dissenting Justice Finding More Delineation Between Contract/Tort Claims Was In Order. Santisas v. Goodin, 17 Cal.4th 599 (1998) [our Leading Case #6] was substantively upfront and center in National Merchants Assn. v. Commercial Bank of California, Case

Special Fee Shifting Statutes: Winning Plaintiff In Car Towing Dispute Did Not Have Fee Recovery Entitlement Under Civil Code Section 3070

Cases: Special Fee Shifting Statutes

Interlocutory Determination Of Entitlement Was Not Binding, With Section 3070 Being Inapplicable With Respect To Fee Recovery. Plaintiff won an apartment complex car towing dispute against some defendants, but she was denied requested attorney’s fees under Civil Code section 3070 in Ramsey v. Moore St. Investments, Inc., Case Nos. D084287 et al. (4th Dist., Div.

Ethics, Settlement: Client May Ratify An Unauthorized Settlement Unless It Was Not Truly Voluntary

Cases: Ethics, Cases: Settlement

Clients In the Case Did Ratify, Which Earned The Settling Former Attorneys A Nice Contingency Fee Award. Chong v. Mardirossian Akaragian LLP, Case No. B341157 (2d Dist., Div. 5 Jan. 8, 2026) (partially published; fee discussion published) contains a good discussion of when a client can ratify an unauthorized settlement reached by former attorneys and

Private Attorney General: Lower Court Abused Its Discretion In Awarding Fees Under CCP § 1021.5 Without Considering Specific Factors Outlined In The Housing Accountability Act

Cases: Private Attorney General (CCP 1021.5)

$1,286,144.37 Fee Award Against City Reversed And Remanded.  Coalition of Pacificans for An Updated Plan v. City Council of the City of Pacifica, Case No. A170704 (1st Dist., Div. 4 Dec. 30, 2025) (partially published; substantive fee discussion published) stands for the proposition that in fashioning a private attorney general fee award under CCP §

Section 1717: Fee Recovery By Self-Represented Husband Reversed As A Matter Of Law Under Trope Prohibition, With CCP § 1021 Characterization Being Inconsequential

Cases: Section 1717

Plus, Wife Also Represented By Husband Lawyer Had Commonly Held Interests, So Her Fees Were Barred Under Trope. As we come to the end of 2025, we have a published opinion on the Trope v. Katz,11 Cal.4th 274 (1995) prohibition [our Leading Case #12].  The case is Honchariw v. PFM CA REIT, LLC, Case No.

Appeal Sanctions: Appellate Court Sanctions Appellants’ Attorney For Filing A False Statement Of Settlement

Cases: Appeal Sanctions

Also, Respondents Can Get OSC Response Fees And Costs On The Issue. All practitioners should get attuned to the fact that appellate courts are imposing sanctions more frequently for CRC infractions, including referencing AI hallucinations and filing false paperwork.  In Horton v. Takeda Pharmaceuticals USA, Inc., Case No. D085379 (4th Dist., Div. 1 Dec. 29,

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