Author name: William M. (Mike) Hensley

Appeal Sanctions, Paralegal Time, Reasonableness Of Fees: Trial Court’s Refusal To Award Contractual Fees For Paralegal Work Reversed On Appeal

Cases: Appeal Sanctions, Cases: Paralegal Time, Cases: Reasonableness of Fees

Also, Attorney Fee’s Reductions Were Affirmed And Appellant Was Ordered to Pay Minimal Appeal Sanctions For AI Hallucinations In Appellate Briefing. The memorable thing about this opinion, Del Biaggio v. Bansen, Case No. A174647 (1st Dist., Div. 4 July 10, 2026) (published), is what it determined in compensating paralegal work under a contractual fees clause

Civil Rights: South Dakota Federal District Judge Issues A Substantial Fee/Costs Award Of Around $2.5 Million To Prevailing Plaintiffs In An Indigenous Tribal Civil Rights Dispute Involving A South Dakota Hotel

Cases: Civil Rights

Plaintiffs Prevailed In Protracted, Bitterly-Fought Litigation Where The Jury Verdict Was Only Around $64,000 In Total. Although we usually post on California fees cases, the fee award in the federal civil rights case of NTN Collective v. Retsel Corporation d/b/a Grand Gateway Hotel, No. 5:22-cv-05027-KES (D.S.D. July 7, 2026 fee award; Doc. No. 485) caught

Family Law: $20,000 Monetary Sanctions Affirmed Where Losing Litigant Did Not Disclose Any Objection To Bifurcate Trial On The Premartial Agreement Validity

Cases: Family Law

Delay In Asserting An Objection To Bifurcating Trial Was Dispositive. Perceived gamesmanship can be punished; we bloggers are not the judges of whether that has happened, but we only post on what we see is decided by the courts and subject to what you readers think when reading the case.   Gamesmanship, we believe, was not

Judgment Enforcement: Lower Court’s Denial Of Post-Judgment Attorney’s Fees Was Legally Incorrect Based On The Filing Of A Costs Memorandum Rather Than A Noticed Motion

Cases: Judgment Enforcement

Because A Statutory Basis Allowed For Attorney’s Fees Recovery, Denial Based On A Lack Of A Contractual Basis For Fees Substantively Was Erroneous Where A Costs Memorandum Filing Allowed For Fee Recovery. In Immigrant Rights Defense Council, LLC v. Sklar, Case No. B345528 (2d Dist., Div. 5 July 9, 2026) (unpublished), somewhat of a follow-up

Reasonableness Of Fees, Special Fee Shifting Statutes: Although The Immigration Consultants Act Does Allow For Fee Recovery, The Lower Court Did Not Err In Reducing $40,725 Fee Request Down To $5,885.66

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Reductions Fell Within The Deferential Standard Of Review For Fee Requests Under The Record In The Case Where A Fee Request Was Perceived As Excessive. The next case, Immigrants Rights Defense Council, LLC v. Sklar, Case No. B343410 (2d Dist., Div. 5 July 9, 2026) (unpublished), shows that even though a litigant gets beyond a

Prevailing Party, Section 1717: District Prevailing In Percentage Lease Dispute Under Contractual Leases Was Properly Awarded $137,400 In Attorney’s Fees

Cases: Prevailing Party, Cases: Section 1717

Contractual Ambiguity Challenges Did Not Resonate, Because Not Raised Below. In Ventura Harbor Restaurant Associates, Inc. v. Ventura Port Dist., Case No. B344145 (2d Dist., Div. 6 July 9, 2026) (certified for publication, after being filed on June 15, 2026 as an unpublished opinion), the appellate court affirmed a $137,400 contractual attorney’s fees award under

Discovery, Ethics, Sanctions: In Pro Per Litigant Not Automatically Disqualified As Far As Seeking $1,000 In Monetary Sanctions From Defense For Failing To Produce Document Responses Under CCP § 2023.050

Cases: Discovery, Cases: Ethics, Cases: Sanctions

Litigant Did Not Need To Show Expenses Were Actually Incurred, Plus The Appellate Court Reminds Us That Civility Applies To Both Self-Represented And Represented Litigants. In Damak v. Superior Court, Case No. G065583 (4th Dist., Div. 3 July 8, 2026) (published), a self-represented litigant (plaintiff) filed a motion to compel when the defense did not

Lodestar, Sanctions: CCP § 128.5 Sanctions, With A Small Reduction, Were Affirmed Against The Defense Where A Mistrial Motion Was Granted Based On Violating The Parties’ Trial Stipulation On An Evidentiary Issue

Cases: Lodestar, Cases: Sanctions

The One Reduction Related To A Duplication Argument Not Supportable. In Rodriguez v. Paramount Convalescent Group, Inc., Case No. B344443 (2d Dist., Div. 3 July 6, 2026) (unpublished), a trial court awarded $81,536.13 in attorney’s fees and costs under CCP § 128.5 against the defense and in favor of plaintiff where the defense violated the

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