Cases: Allocation

Contempt Attorney’s Fees Under Code Of Civil Procedure Section 1218(a) Are Vacated Based On Failure To Apportion And On Due Process Grounds

Cases: Allocation, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

  Fourth District, Division 3 Also Finds That Fee Clarifying Substantiation in Reply Brief Was Too Late Unless Opponent Given Opportunity for Further Response.      Code of Civil Procedure section 1218(a) provides for attorney’s fees to “the party initiating the contempt” for fees which that party incurred “in connection with the contempt proceeding.” It is […]

Postscript to Ivers v. Allstate

Cases: Allocation, Cases: Insurance

Petition Pending in California Supreme Court      One of the pleasures of blogging is that it is interactive, and we hear (if one can hear email) frequently from our readers.  Jeffrey I. Ehrlich, one of the appellate lawyers in Ivers v. Allstate, 2008, WL 5197119 (3d Dist. December 12, 2008) (unpublished), a case reported by

Civil Code Section 1717: No Apportionment Necessary Where Bank’s Demand On Completion Guaranty Made Everything Interrelated

Cases: Allocation, Cases: Section 1717

Third District So Holds in Recent Unpublished Decision.      Under our category “Allocation,” we have reviewed cases arising under Civil Code section 1717 in which courts do and do not require apportionment of work between contract/noncontract claims for purposes of awarding fees. The basic test is that apportionment is not required where claims are “so

Civil Code Section 1717: Fee Award Reversed Because Prevailing Party Determination Is Different Than The Standard For Adjudging An Award Of Routine Costs

Cases: Allocation, Cases: Costs, Cases: Prevailing Party, Cases: Section 1717

Second District, Division 7 Remands for Further Fee Proceedings.      City of Los Angeles won attorney’s fees against a replacement contractor selected by a bonding surety, where surety and replacement contractor entered into contractual agreements incorporating original agreements between City and the replaced contractor. Replacement contractor lost in the construction litigation, with the trial court

Arbitration: Arbitrator’s Fee Award Modified By Appellate Court Based On Finding “No Anchor” For Fee Recovery

Cases: Allocation, Cases: Arbitration, Cases: Section 1717, Cases: Special Fee Shifting Statutes

First District, Division 2 Demonstrates Appellate Scrutiny Of Basis For Fee Award.      In past posts (see, e.g., our July 15, 2008 post on Patel v. Sagar), we have reviewed appellate decisions involving scrutiny of arbitration awards. Several decisions have affirmed arbitrator fee awards even though there was no clear basis, either by contract or

Brandt Fees: Don’t Be Stubborn—Apportion!

Cases: Allocation, Cases: Insurance

Third District Affirms Refusal to Award Any Fees to Insured Who Balked at Apportionment.      Co-contributors Marc and Mike have written an article, “When The American Rule Doesn’t Apply: Attorney’s Fees As Damages In California Litigation,” published in 21 California Litigation, No. 3, at pages 19, 22-24 (2008), which has a discussion on attorney’s fees

Wrongful Foreclosure And Home Improvement Case: Fees Are Sustained And Remanded For Calculation In Wild Decision Out Of The Second District

Cases: Allocation, Cases: Deeds of Trust, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Section 1717 Fees Are Affirmed As to Husband, Reversed and Remanded As to Wife; Home Improvement Statutory Fees Are Affirmed As to Both Husband and Wife.      Talk about a wild one. If any of you readers believe that legal cases do not mimic real life, you need to read and stay tuned for our

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