Hybrid Cases Can Be Expensive. Keenan v. Souza, Case Nos. B276437 et al. (2d Dist., Div. 4 Oct. 24, 2018) (unpublished) was an LLC dispute with broad contractual fee recovery clauses. Needless to say, certain defendants/cross-complainants prevailed. The trial judge awarded over $825,000 in fees and costs to the prevailing parties, determining the contractual […]
Although Adjustor Was Represented Jointly With Two Nonprevailing Defendants, Costs Were Carefully Apportioned By Lower Court In Fashioning Costs Award. In Owens v. Bynum, Case No. A152090 (1st Dist., Div. 3 Sept. 25, 2018) (unpublished), defendant independent insurance adjustor was awarded costs of $8,148.47 in routine costs against plaintiff after defendant won a demurrer
One Unilateral San Francisco Ordinance Fee-Shifting Provision Did Not Show That Interrelated Fees Spent On Compensable Claims Could Not Be Allowed. Bienkowski v. Lam, Case No. A151579 (1st Dist., Div. 5 Aug. 9, 2018) (unpublished) was a situation where a tenant sued a defendant as the undisclosed partner of landlord, alleging that he was
Appealing Defendant Picked Its Spots On Appeal, Awarded As Being Selective! This next case is an illustration where a non-prevailing defendant on peripheral claims appealed selectively on an adverse attorney’s fees and costs award, handsomely awarded by being discreet in what it appealed. In Ajis v. Foreman Financial, Inc., Case No. B280208 (2d
Tenant Also Entitled To Costs And Appellate Fees For Winning On Appeal. Strength Farm, LLC v. The Heron Family Trust, Case No. B285264 (2d Dist., Div. 8 July 25, 2018) (unpublished) illustrates that contractual fee recoveries do not have to proportionate to the compensatory breach of contract award (may even be more if tort
Costs Award Affirmed, But Fee Award Remanded For A Further Re-Do. In Hernandez v. Starbucks Coffee Co., Case Nos. H042848/H043393 (6th Dist. June 20, 2018) (unpublished), plaintiff successfully sued Starbucks for Unruh Act accessibility barrier discrimination at a San Jose store. Plaintiff was awarded statutory damages of $4,000 (although not winning all accessibility claims)
4/1 DCA Rejected Arguments By Winning Fee Claimant And Losing Party In Contentious Fee Battle On Remand From Prior Appellate Opinion. Bank of Southern California, N.A. v. D&D Goryoka, Inc., Case No. D072231 (4th Dist., Div. 1 June 13, 2018) (unpublished) was an appeal from an attorney’s fees award from a prior appellate decision remand
Lack Of Fee Hearing Transcript Meant No Adequate Record On Appeal; However, Claims Looked To Be Interrelated Such That No Apportionment Was Required. We have noticed an increasing trend among appellate courts to affirm fee awards or fee denials where the appealing litigant failed to provide a reporter’s transcript, especially where abuse of discretion
Vacation Pay Award Totaled $28,500, With Prevailing Plaintiff Winning Subsequent Fees Of $495,549.75 And Costs Of $84,035.40. Curran v. Schools of the Sacred Heart-San Francisco, Case Nos. A142615/A143646 (1st Dist., Div. 2 June 5, 2018) (unpublished) was a case where plaintiff, dean of students at defendant, did not have her contract extended after 37
Plus . . . Lower Court Did Significantly Reduce Fee Request In Awarding $507,000 In Fees And $33,699 In Costs To HOA. We repeatedly have demonstrated in posts how homeowner association disputes can be a pricey proposition, depending on which side prevailed (or, for that matter, where no side has been found to prevail).
