Cases: Allocation

Allocation/Homeowner Association: Property Owners’ Attorney’s Fees Incurred In ADR Dispute Resolution Matters Were Properly Recoverable

Cases: Allocation, Cases: Homeowner Associations

  Trial Court Did Not Abuse Its Discretion In Awarding All Requested Fees But 10 Hours On Unsuccessful Matters.      Homeowners association, in this one, must have felt the sting of statutory fee-shifting provisions which allowed the property owners to recover $112,665 in fees based on winning a dispute over the correct interpretation of CC&Rs. […]

Allocation/Section 1717/Tort of Another: $477,031 Attorney’s Fees Award Affirmed In Real Estate Purchase Appeal Where Both Sides Appealed

Cases: Allocation, Cases: Section 1717, Cases: Tort of Another

  No Prejudice In Arguing All Defendants Should Be Liable/Failure to Claim Tort of Another Fee Damages At Trial Dispositive Against Fee Petitioner.      DeSantis v. Oakmont LLC, Case No. A128220 (1st Dist., Div. 5 Dec. 7, 2012) (unpublished) is a wild case on appeal involving parties suing over a failed real estate transaction, with

Allocation/Costs: Losing Plaintiff Properly Hit With Costs Of $93,369.05 After Not Being Successful In Insurance Dispute

Cases: Allocation, Cases: Costs

       Losing plaintiff in an insurance dispute must have been agasp when he was hit with a costs award of $93,369.05, although the trial court did lop off one-third of the requested $140,053.58. (The costs mainly included witness fees and deposition costs.)      Plaintiff was not successful in his appeal in Morgan v. Pacific

Employment: Losing Plaintiff Employees Are Not Subject To Fee Exposure On Split Shift Claim But Prevailing Defendant Can Recover Fees On Successfully Defending Reporting Time Claim

Cases: Allocation, Cases: Employment

  Defense Allocation Required on Remand–First Published Decision Interpreting Kirby v. Immoos Fire Protection.      To our knowledge, Aleman v. AirTouch Cellular, Case No. 231142 (2d Dist., Div. 2 Sept. 20, 2012) (published) is the first published decision to apply Kirby v. Immoos Fire Protection, Inc., 53 Cal.4th 1244 (2012) [discussed in our May 1,

Allocation/Secetion 1717: Unity Of Interest Principle Questioned, With One Party Correctly Denied Fees But The Other Did Get An Unqualified Win And A Remand On Fee Determination

Cases: Allocation, Cases: Section 1717

  Denied Winner’s Fee Request Remanded For Apportionment.      Zintel Holdings, LLC v. McLean, Case No. B236139 (2d Dist., Div. 7 Sept. 18, 2012) (published) was an interesting lease slugfest where landlord lost its complaint against long-term tenants (son and mother) and mother lost her retaliatory harassment cross-complaint seeking independent damages on cross-motions for summary

Allocation/Special Fee Shifting Statute/Taxation: Prevailing Real Property Taxpayer Properly Awarded $70,806.71 Under Revenue And Taxation Code Section 1611.6

Cases: Allocation, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes, Cases: Taxation

  Government Code Section 800 Cap Does Not Apply to Section 1611.6 Awards.      Acting Presiding Justice Moore, in a 3-0 decision in Villa San Clemente LLC v. County of Orange, Case No. G04984 (4th Dist., Div. 3 Sept. 4, 2012) (unpublished), dealt with a $70,806.71 attorney’s fees award under Revenue and Taxation Code section

Allocation/Homeowner Associations: HOA Members Losing HOA Interest In Foreclosure Action Had To Bear Fee Exposure To HOA

Cases: Allocation, Cases: Homeowner Associations

  Apportionment Not Required.      Weiss v. Citrus Heights, LLC, Case No. D058614 (4th Dist., Div. 1 Aug. 2, 2012) (unpublished) is yet a stark reminder in these economic times of fee exposure that can be visited upon foreclosed owners of homeowner association interests.      The Jumbo Lemon.  1925.      In this one, homeowners in

Allocation: No Need For Apportionment Where Defendant Did Put At Issue Whether Plaintiff Had To Establish The Deeded Nature of Easement

Cases: Allocation

  $79,297.93 Fee Award to Prevailing Party Under Settlement Agreement With Fees Clause Sustained on Appeal.      Be careful what you ask for is the message of the next case we review.      Jackson v. Saunders, Case No. H036370 (6th Dist. Aug. 2, 2012) (unpublished) was a somewhat wild litigation case over an easement necessary

Appeal/Apportionment/Damages/Tort Of Another: $330,000 Fee Award To Winning Plaintiff Remanded To Apportion Work To Clearing Title Tasks

Cases: Allocation, Cases: Tort of Another

  Slander of Title Work Needs to be Apportioned Out; No Fees For Appellate Work.      Defendant in Johnson v. Grayson, Case No. G044975 (4th Dist., Div. 3 June 22, 2012) (unpublished) lost a quiet title case (also having a slander of title claim), but appealed a $330,000 adverse fee award grounded on the tort

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