Author name: William M. (Mike) Hensley

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 (1st Dist., Div. 2 Apr. 28, 2026) (unpublished) shows how HOA-homeowners cases, with respect to fee and costs recovery by a victory, echo the famous sports retort “the thrill of victory and the […]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 (2d Dist., Div. 2 Apr. 27, 2026) (unpublished) confirms that the victor in arbitration proceedings, which may entail having to overturn an adverse arbitration award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

Family Law: Trial Court Abused Its Discretion By Basing Denial Of Section 2030 Fees And Costs Request On Grandmother’s Misuse Of Grandchildren’s 529 Accounts And Her Lack Of A Significant Relationship With Grandchildren

Cases: Family Law

The Trial Court Was Required To Issue An Award Based On Whether Mandatory Findings Demonstrated Disparity In Access To Funds And Ability To Pay. In Marriage of Saedi v. Kadivar, Case No. B347642 (2d Dist., Div. 2 April 14, 2026) (unpublished), Visitation-seeking Grandmother appealed the trial court’s denial of her request for Family Code section

Appeal Sanctions, Ethics, Sanctions, SLAPP: 1/4 DCA Affirms $41,580 Attorney’s Fees Award Against Self-Represented Appellant For Previous Appeal, Imposes $10,000 In Sanctions For Frivolous Appeal, And Remands To Lower Court For Award Against Appellant For Fees Incurred By Respondent On Latest Appeal

Cases: Appeal Sanctions, Cases: Ethics, Cases: Sanctions, Cases: SLAPP

In A Masterclass Of What Not To Do On Appeal, Self-Represented Appellant Challenged A Fee Award Ordered Against Him By Rehashing Issues Determined Previously On Appeal, Raising Issues Not Previously Raised, Attacking The Character Of Respondent And His Counsel, And Insulting Court Staff And Judicial Officers. In a case that has dragged on in excess

Interest, Special Fee Shifting Statutes: In A False Claims Act Case, Postjudgment Interest Ran From The Date Of A Fees Award, Not An Earlier Order Confirming A Settlement

Cases: Interest, Cases: Special Fee Shifting Statutes

Earlier Order Did Not Qualify As A Money Judgment. Agreeing and disagreeing with some other circuits, the Ninth Circuit in Thrower v. Academy Mortgage Corp., No. 24-6247 (9th Cir. Apr. 6, 2026) (published) held that postjudgment interest on a False Claims Act attorney’s fees award under 28 U.S.C. section 1961(a) runs from the order awarding

Multipliers, Special Fee Shifting Statutes: Ninth Circuit Reverses and Remands A Multiplier Award In A False Claims Case, Disagreeing On The Merits Of The Award, But Agreeing That The Reason For The Enhancement Was Not Specific Enough.

Cases: Multipliers, Cases: Special Fee Shifting Statutes

Dissenting Circuit Judge M. Smith concluded that the district court acted within its discretion in determining this case to be “rare and exceptional” and thereby justifying such an enhancement.  In must reading for attorneys seeking positive enhancements for a federal case in the Ninth Circuit, Thrower v. Academy Mortgage Corp., Case No. 34-4103 (9th Cir.

In The News . . . . OpEd Article In April 6, 2026 Issue Of The Orange County Register Shows That PAGA Lawsuits And Settlements Have Soared

In The News

Attorney Payouts Highlighted In The Article. Tom Manzo, founder of the California Business and Industrial Alliance, wrote an OpEd piece, “Will state get serious about labor code lawsuit reform?,” in the April 6, 2026 issue of The Orange County Register.  In it, he mentions that in 2024, the year lawmakers were supposed to enact a

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