Defense Motion Only Knocked Out An Injunctive Relief Remedy And One Other Claim Which Had Factual Issues Still Remaining On Non-Stricken Claims. In Bagish v. Sarraf, Case No. B344027 (2d Dist., Div. 4 Apr. 27, 2026) (unpublished), defendant’s SLAPP motion was granted and denied in part, with the defense knocking out an injunctive relief request […]
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
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
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 In Marriage of Saedi v. Kadivar, Case No. B347642 (2d Dist., Div. 2 April 14, 2026) (unpublished), Visitation-seeking Grandmother appealed the trial court’s denial of her request for Family Code section
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
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
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.
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
This Case Shows How, Even On Appeal, Justices Will Try To Balance Equity On Fee Awards. In Early Sullivan Wright Gizer & McRae v. Yakobi, Case No. B338762 et al. (2d Dist., Div. 8 Apr. 3, 2026) (unpublished), a client won a fee dispute against her former attorneys, with the lower court finding certain provisions
Civil Code Section 1717 Lodestar Factors Alone Do Not Restrict The Family Court In Deciding Prevailing Party Contractual Fees. Marriage of Bowman, Case No. B331924 (2d Dist., Div. 6 Apr. 3, 2026) (published) held that a family law judge can consider financial needs and ability to pay (Family Code section 2030 and 2032 factors) in
