Cases: Allocation

Allocation/Section 1717: Fee Clause In Forbearance Agreement Triggered To Allow Fee Recovery For Non-Contract Claim When Defense Based On Agreement Was In Play

Cases: Allocation, Cases: Section 1717

  $181,933 “Generous” Fee Award Not Out of Bounds.      LA Open Door Presbyterian Church v. Evangelical Christian Credit Union, Case No. B246853 (2d Dist., Div. 2 Oct. 4, 2013) (unpublished) is a situation where a defendant was voluntarily dismissed from a suit involving a contract (a written forbearance agreement with a fees clause). Although […]

Allocation/Section 1717: Plaintiff’s Failure To Prevail Upon Successor Liability Theory Justified Attorney’s Fees Award To Claimed Successor

Cases: Allocation, Cases: Section 1717

  Fee Clauses Not Broad Enough to Support Tort Claim Wins, So Case Remanded to Fix Fees And Determine If Any Apportionment Necessary.      Brown Bark III, L.P. v. Haver, Case No. G047198 (4th Dist., Div. 3 Aug. 26, 2013) (unpublished) involved a defendant alleged to be the continuation of a defunct defendant signatory to

Allocation/Lodestar/Reasonableness Of Fees: Former Employee Losing Wage/Hour Claims Hit With $150,519.36 Adverse Fee Award

Cases: Allocation, Cases: Lodestar, Cases: Reasonableness of Fees

  Hourly Rates by Defense Were Reasonable; No Apportionment Required.      Plaintiff, a former employee, sued defendant former employer for unpaid commissions, vacation time, and unreimbursed expenses, requesting an award of attorney’s fees upon prevailing under Labor Code sections 218.5 and 218.6 (wage/hour fee-shifting provisions). Plaintiff brought four causes of action, one of which was

Costs/Section 998: Winning 998 Winner Did Not Have To Allocate Costs Among “Lockstep” Plaintiffs In Costs Memorandum Where Plaintiffs Were Represented By Same Attorney

Cases: Allocation, Cases: Costs, Cases: Section 998

  Apportionment May Be Required In Response to Motion to Tax Costs, But Trial Court Erred By Not Allowing Allocation After Raising Apportionment Objection Sua Sponte.      Justice Bedsworth, for a 3-0 panel, held in Morris v. Wilson, Case No. G047534 (4th Dist., Div. 3 June 20, 2013) (unpublished) that a defendant is not required

Allocation/POOF!/Special Fee Shifting Statutes: $952,142.50 Fee Award Evaporates Upon Reversal of Merits

Cases: Allocation, Cases: POOF!, Cases: Special Fee Shifting Statutes

       The Second District, Division 4 in Nevarrez v. San Marino Skilled Nursing and Wellness Centre, Case No. B235372 (2d Dist., Div. 4 June 5, 2013) (published) reversed an Elder Abuse Act substantial jury verdict, even though the plaintiff also prevailed on a Patient’s Bill of Rights claim, with both schemes having a fee

Prevailing Party/Section 1717/Substantiation Of Fees/Allocation/Reasonableness Of Fees: Tobacco I Case Now Certified For Publication

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe".  1924.  Library of Congress.       In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with

Allocation/Employment/Section 1717: Employer Defendants Win $167,104.87 In Fees For Prevailing On Contract Claims, While Employee Winning On Wage/Hour Claim Receives $15,140 In Fees

Cases: Allocation, Cases: Employment, Cases: Section 1717

  Trial Court Decision Affirmed on Appeal.       Plaintiff, a chief technology officer, sued his ex-employer and a couple of other employees, losing contract and conversion claims but winning about $20,000 on an unpaid wage/hour claim. Both sides then moved for attorney's fees. The trial court awarded the defendants $167,104.87 in fees on the contract

Prevailing Party/Section 1717/Substantiation Of Fees/Apportionment/Reasonableness Of Fees: People Of The State Of California Get $2.944 Million Fee Recovery In Tobacco Cases I Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

     Cigarette ad, Times Square.  Feb. 1943.  John Vachon, photographer.  LOC.      Although this case has quite a storied history, In re Tobacco Cases I, Case Nos. D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision.      What happened is this, in brief. People,

Allocation/Appeal/Arbitration: $130,137.50 Fee Recovery For Appellate Work On Arbitration Matter Remanded Based On Fee Entitlement Bases

Cases: Allocation, Cases: Arbitration

       Marik v. University Village, LLC, Case No. B236248 et al. (2d Dist., Div. 3 Feb. 19, 2013) (unpublished) involved a situation where nine defendants were awarded collective $130,137.50 attorney’s fees after successfully defending a prior appeal where an arbitration award was affirmed (inclusive of arbitral fee recovery). Plaintiff appealed.      Plantiff did well

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