Cases: Allocation

Costs And Fees: Defendants “Unified In Interest” Liable For Routine Costs And Are Denied Substantial Attorney’s Fees Because Allocation Was Proper

Cases: Allocation, Cases: Costs, Cases: Indemnity, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Second District, Division 3 Address Many, Many Procedural Issues in Unpublished Opinion.      In Matusek v. Benn, Case No. B206776 (2d Dist., Div. 3 Oct. 29, 2009) (unpublished), two sets of defendants (the Murad and Benn defendants, each set composed of businesses and their principals) contracted to create an infomercial using an appearance by plaintiff […]

Civil Code Section 1717: Ninth Circuit Holds Tenants Winning On Preemption Issue Entitled To Fees Because Issue Arose “On The Contract”

Cases: Allocation, Cases: Preemption, Cases: Section 1717

  Federal Court of Appeals Sustains $180,029.50 Fee Award to Tenants.      In Barrientos v. 1801-182 Morton LLC, Case No. 07-56697 (9th Cir. Oct. 9, 2009) (certified for publication), tenants won summary judgment and permanent injunctive relief with respect to illegal notices of eviction served by a landlord arguing that Los Angeles Rent Stabilization Ordinance

Prevailing Party: Broadly-Worded Fees Clause Gave Rise To Fee Exposure Even Under Santisas

Cases: Allocation, Cases: Deadlines, Cases: Prevailing Party

Sixth District Also Resolves Joinder, Motion Timeliness, and Apportionment Issues.      The next case is a virtual “issue cross-over” study for such subjects as prevailing party after a dismissal without prejudice (Santisas issue); joinder; motion timeliness; and apportionment. Walewski v. Williams, Case No. H033026 (6th Dist. Oct. 8, 2009) (unpublished) is worth reading to see

Broad Fees Clause And Failure To Challenge Excessiveness Of Fee To Winner Spells Trouble For Losing Country Club Members

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

  Fourth District, Division 1 Affirms $779,955.97 Postjudgment Fees/Costs Award.      The next case covers several cross-over issues: fees clause interpretation; apportionment between covered and noncovered claims; and reasonableness of fees.      Here we go.      In Urquhart v. Del Mar Country Club, Case No. D052711 (4th Dist., Div. 1 Sept. 28, 2009) (unpublished), a

Civil Code Section 1717 Apportionment: Trial Court Did Not Err In Failing To Apportion Fees Where Conjoined Claims Cannot Be Separate For Fee Recovery Purposes

Cases: Allocation, Cases: Section 1717

Second District, Division 4 So Rules in Unpublished Decision.      Apportionment of attorney’s fees, as between covered and uncovered claims, is a discretionary call, as the next decision demonstrates.      Hur v. Lee, Case No. B210502 c/w BC361921 (2d Dist., Div. 4 Sept. 9, 2009) (unpublished) involved a sushi restaurant seller and his brokers, who

Civil Rights: Rejected Informal Settlement Offers Can Be Used As An Indicator Of Success For Purposes of Calculating Attorney’s Fees Lodestar

Cases: Allocation, Cases: Civil Rights, Cases: Section 1717, Cases: Settlement

Third Circuit Court of Appeals So Holds Under 42 U.S. C. Section 1988; California State Court Decisions Split In Analogous Areas, But Ninth Circuit Disagrees.      On July 23, 2009, the Third Circuit Court of Appeals, in Lohman v. Duryea Borough, __ F.3d __, 2009 WL 2183056 (3d Cir. 2009), affirmed a district judge’s decision

Personal Injury Cases: Liability For Attorney’s Fees Not Includable Under the Made-Whole Rule in Auto Insurance Med-Pay Cases

Cases: Allocation, Cases: Insurance

  California Supreme Court Decides Fee Are Subject to Separate Equitable Apportionment in a Pro Rata Sharing Manner.      Here is one for personal injury/insurance defense cases in boutique first party, no-fault medical payment (med-pay) insurance payment cases. This may narrow our readers who have interest in this post, but here you go anyway.     

Hate Crime Statutes: Arbitration Expense and Fee Award Reversed And Remanded Because Armendariz Prohibition on Expenses Applies To Statutory Hate Crime Claims

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

Second District, Division One, Does Remand For Proper Expense/Fee Determination and For Examination of Allocation Issues.      Armendariz v. Foundation Health Psychcare, 24 Cal.4th 83, 110-113 (2000) determined that arbitral expenses beyond what a plaintiff litigant would have borne in a court case cannot be imposed in cases involving statutory rights enacted for a public

Civil Code Section 1717: Litigants’ Failure To Be Adjudged General Partners, Although Winning A Small Quantum Meruit Award, Justified Non-prevailing Party Conclusion

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

Result Was An Adverse Fee/Cost Award of Over $275,000      In Gupta v. Shue, Case No. B198449 (Apr. 30, 2009) (unpublished), both sides engaged in bitter, protracted litigation over whether each received, by assignment, a general partnership interest in a real estate limited partnership—with the limited partnership caught in the middle of the litigation. After

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