Author name: William M. (Mike) Hensley

Discovery, Substantiation Of Fees:  4/3 DCA Decides That Appellate Fees For Upholding Inspection Demand Discovery Sanctions Are Authorized Fee-Shifting

Cases: Discovery, Cases: Substantiation of Reasonableness of Fees

However, The Appellate Court Reduces Fees A Bit For Fees On Fees Work By A Higher Billing Attorney And Cautions That The Real Rate Report Has To Be Used With Precision. In Baer v. Tedder, Case Nos. G063642 et al. (4th Dist., Div. 3 Nov. 10, 2025) (published), the appellate court held that appellate fees […]

Section 998:  November 2025 Orange County Lawyer Article Surveys The Impact Of K.M. v. Grossmont Union

Cases: Section 998

Message Is “Clarity Is King” In Framing These Offers, Especially Where A Civil Code Section 1542 Release Is Desired By The Offeror.  Rachel E. Lustig, in an article appearing in the November 2025 Orange County Lawyer at pages 46-47entitled “Avoiding The Pitfalls:  What K.M. v. Grossmont Union Teaches About Drafting Enforceable Section 998 Offers,” discusses

Costs, Mediation, Prevailing Party:  Sixth District Reverses And Remands Fee Denial For Further Proceedings Based On Erroneous “Refusal To Mediate” Decision Below

Cases: Costs, Cases: Mediation, Cases: Prevailing Party

It Found That A Putative Prevailing Party’s Reversal Of An Initial Decision to Refuse Mediation Might Entitle That Party To Fee Recovery If The Reversal Was Unequivocal In Nature; However, Costs Were Properly Denied Based On Not Filing A Timely Costs Memorandum. Evleshin v. Meyer, Case No. H051869 (6th Dist. Nov. 6, 2025) (published) involved

Appealability, Probate, Sanctions: Plaintiff Did Not Appeal Attorney Fee and Sanctions Orders, But The 2/1 DCA Reversed Them On Appeal When Plaintiff Appealed Trial Court’s Denial Of His Motion To Vacate

Cases: Appealability, Cases: Probate, Cases: Sanctions

Defendant Lacked Standing For The Initial Fee Motion It Brought – Nullifying The Order Granting The Motion And Each Subsequent Order Based On Plaintiff’s Failure To Comply With Void Initial Fee Order After being fired by Plaintiff trustee, Defendant law firm successfully brought a motion for fees under Probate Code § 17200. When trustee failed

Multipliers, Private Attorney General, Reasonableness of Fees: 2/3 DCA Reverses And Remands For Reconsideration An Attorney Fees Award Of $83,197.50 – Finding Abuse Of Discretion Where Trial Court Awarded Excessive Fees Unsupported By The Record

Cases: Multipliers, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

The Trial Court, Which Is Not Allowed To Rubberstamp An Attorney Fees Request, Failed To Explain Its Reasoning For The Award That Included A $750 Hourly Rate And A 1.5 Positive Multiplier Despite The Lack Of Complexity and Risk Involved In The Case In Immigrant Rights Defense Council, LLC v. Ramirez, Case No. B342780 (2d

Retainer Agreements: Law Firm Seeking To Recover More Than $1.7 Million In Fees And Costs For Its Representation Of Former Los Angeles Sheriff Alex Villanueva Loses Attempt To Enforce Engagement Letter Entered Into With Former Sheriff

Cases: Retainer Agreements

Former Sheriff Had Authority To Select, Not To Retain, Independent Counsel To Represent Him In Writ Petition Filed By County To Challenge Villanueva’s Authority To Settle A Civil Lawsuit Filed By A Terminated Deputy. When the County of Los Angeles sued former Los Angeles Sheriff Alex Villanueva and the Los Angeles County Sheriff’s Department to

Arbitration, Employment, Sanctions: Trial Court Correctly Determined That Employer Breached Parties’ Arbitration Agreement By Failing To Timely Pay Arbitration Fees Where Employer Argued 30-Day Deadline Was Never Triggered Because Employer’s Counsel, Not Employer, Was Served With The Arbitration Invoice

Cases: Arbitration, Cases: Employment, Cases: Sanctions

However, The 4/3 DCA Reversed And Remanded For The Trial Court’s Determination As To Whether Employer’s Failure To Timely Pay Arbitration Fees Should Be Excused Pursuant To Hohenshelt. In Springs v. SBM Site Services, Case No. G063924 (4th Dist., Div. 3 October 23, 2025) (unpublished), the trial court vacated its prior order compelling arbitration because

Homeowner Associations: 4/3 DCA Upholds $401,918.50 Attorney’s Fees and $21,029.23 Costs Awards Against Defendant Homeowners For Breach Of CC&Rs, Trespass, And Nuisance Based On Performance Of Unapproved Demolition and Modifications Work  

Cases: Homeowner Associations

HOA Was Not Required To Submit To Alternative Dispute Resolution Before Filing Its Complaint Based On The Monetary Damages Claimed. After performing unauthorized modification and demolition work, Defendant homeowners in Tennis Villas at Monarch Beach Homeowners Assn. v. Ure, Case Nos. G063452/G063954 (4th Dist., Div. 3 October 21, 2025) (unpublished) were sued by their HOA

Arbitration, Employment, Sanctions: Trial Court’s Grant Of 1281.98 Motion To Return Case To Court When Employer Failed To Pay Arbitration Fees Within 30 Days And Award Of Related Monetary Sanctions Reversed On Appeal

Cases: Arbitration, Cases: Employment, Cases: Sanctions

Section 1281.98 Was Inapplicable Because The Arbitration Agreement Was Governed By The Provisions Of The Federal Arbitration Act. In Howitson v. Evans Hotels, Case No. D085078 (4th Dist., Div. 1 October 20, 2025) (unpublished), defendant employer failed to pay an arbitration retainer within 30 days, leading Plaintiff to successfully move under CCP section 1281.98 of

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