Author name: William M. (Mike) Hensley

Arbitration, Section 1717: Where Arbitration Respondent Won A Dismissal Of An Arbitration Award Based On Lack of Personal Jurisdiction, Respondent Was Not Entitled To Fees But Was Entitled To Routine Costs

Cases: Arbitration, Cases: Section 1717

Fee Issues Depended On Further Actions.                In O’Leary v. Jones III, Case No. D085327 (4th Dist., Div. 1 Mar. 24, 2026) (published), the Court of Appeal confirmed a denial of attorney’s fees to an arbitration respondent, who was never joined in a court action before the matter was ordered to arbitration such that the […]

Costs, Requests For Admission, Special Fee Shifting Statutes: In A Complex Water Diversion/Trespass Case, 2/7 DCA Affirms Costs Award To Defendant City, Affirms Denial Of Supplemental Fees And Costs To City Under CCP §§ 1038 & 2033.420, And Reverses Costs Award To Defendant Water Committee Based On Reversing A Judgment In Its Favor

Cases: Costs, Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

Acting Presiding Justice Segal Penned The 3-0 Opinion On Various Merits, Costs, And Fee Issues In A 74-Page Opinion. In Beecham v. City of Azusa, Case No. B33843 (2d Dist., Div. 7 Mar. 23, 2026) (unpublished), deceased trustee, through a substituted personal presentative, sued two City entities (City), an irrigation company, and a water committee

Probate, Sanctions: CCP § 128.7(b)(1) Sanctions Affirmed Against A Probate Litigant Filing A New Contesting Petition For An Improper Purpose

Cases: Probate, Cases: Sanctions

CCP § 128.7(b)(2) Represented Litigant Exception Did Not Apply To (b)(1) Sanctions, Resulting In An Upholding Of A $25,013 Sanctions Award Against Losing Trustee. In Gerald C. Fox Foundation v. Fox, Case No. H053043 (6th Dist. Mar. 23, 2026) (unpublished), CCP § 128.7(b)(1) sanctions were imposed against a trustee who filed a new trust petition

Requests for Admission, Sanctions: 1/3 DCA Remands Trial Court’s Denial Of RFA Costs-Of-Proof Sanctions As An Abuse Of Discretion

Cases: Requests for Admission

Estate of Alders, Case No. A171324 (1st Dist., Div. 3 Mar. 23, 2026) (unpublished) examines the diligence required from both litigants and superior courts to secure costs-of-proof sanctions for unreasonable denial of RFAs under CCP § 2033.420(a). There, a will contest proponent lost, via a summary judgment and trial, all of his claims, with the

Arbitration, Celebrities: In A 2-1 Split Opinion, The 2/7 DCA Holds That A Law Firm Prevailing In A MFAA Arbitration Was Not The Prevailing Party For Purposes Of Fees/Costs In That Proceeding Because It Waived The Argument In Front Of A CAA Arbitrator And The Superior Court Could Discretionarily Deny Fees Based On The Arbitrator Determining There Was No Prevailing Party In Arbitration Award Confirmation Proceedings

Cases: Arbitration, Cases: Celebrities

Dissenting Justice Saw Things Differently: Superior Court Had To Independently Determine MFAA Award Issue Or Remand To The Arbitrator To Decide. Allan Law Group, P.C. v. Stewart, Case No. B333681 (2d Dist., Div. 7 Mar. 20, 2026) (unpublished) involves an interesting intersection between Mandatory Fee Arbitration Act (MFAA) and California Arbitration Act (CAA) principles where

Allocation, Substantiation Of Reasonableness Of Fees: Lower Court Could Make Allocation Of Fees Between Contract/Tort Claims, But It Erred In Not Allowing Opposing Party To Review/Contest A Supplemental Declaration From The Fee Claimant To Support The Final Fee Award

Cases: Allocation, Cases: Substantiation of Reasonableness of Fees

The Matter Is Remanded To Look At A Restudy Of The Supplemental Declaration. Due process is alive and well in the attorney’s fees area, as Tres Caminos, LP v. MGP XI US Properties LLC, Case No. D085539 (4th Dist., Div. 1 Mar. 20, 2026) (unpublished) demonstrates.  It also shows the broad discretion given to a

Private Attorney General: $165,072.50 Attorney’s Fees Award On CEQA Win To Prevailing Litigant Is Affirmed On Appeal

Cases: Private Attorney General (CCP 1021.5)

Housing Accountability Act Standards Can Be Factored Into The Equation, With Trade Union Affiliations Not Showing It Made A Difference On The Financial Cost/Benefit Factor. In Supporters Alliance for Environmental Responsibility v. City of Inglewood, Case No. B345195 (2d Dist., Div. 5 Mar. 19, 2026) (unpublished), petitioner won a CEQA challenge based on Housing Accountability

Sanctions: First District Court Of Appeal Publishes Opinion Informing In Pro Per Litigants That They Cannot Use And Are Subject For Sanctions When Relying On AI Hallucinations

Cases: Sanctions

This Case Builds On Cases Applicable To Attorneys, But Extends The Prohibition To In Pro Per Litigants. In Sheerer v. Panas, Case No. A171804 (1st Dist., Div. 4 Mar. 19, 2026) (partially published; AI discussion published), the appellate court made clear that the recent California case authority which prohibits AI hallucinations equally applies to in

Costs, Deadlines, POOF!: Although Plaintiff Won On The Merits, Substantial Fee Recovery and Routine Costs Recovery Were Reversed As A Matter Of Law

Cases: Costs, Cases: Deadlines, Cases: POOF!

Fees Were Not Allowable Without A Fees Motion; Costs Were Not Allowable Because Failure To Use Judicial Council Worksheet Gave No Basis For A Conclusion On Whether The Costs Were Reasonable, In Response To Defendant’s Motion To Tax Costs. Pelloni v. Mirshahi, Case Nos. B336950 et al. (2d Dist., Div. 4 Mar. 17, 2026) (unpublished)

Costs, Deadlines, Special Fee Shifting Statutes: CHRO Prevailing Party On Modification Request And Appeal Work On Certain Orders Was Entitled To The Lower Court’s Fee Recovery

Cases: Costs, Cases: Deadlines, Cases: Special Fee Shifting Statutes

However, Because A Harassment Renewal Order Was Reversed, Fees For Those Efforts Were Not Allowable As Well As Routine Cost Recovery Because No Memorandum Of Costs Was Filed. In litigation which has gone on for a while and generated several appeals, the dust may have finally settled with the appellate court opinion in George v.

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