Cases: Allocation

Allocation, Section 998, Trespass: 4/1 DCA Affirms Award Of $289,153.75 In Fees Under CCP § 1021.9 To Plaintiff Who Used Land For Intended Nursery Plantings As Against Neighboring Rock Quarry

Cases: Allocation, Cases: Section 998, Cases: Trespass

Section 1021.9 Applies To Land Characteristic As A Whole, Not Just Portion Of Land Trespassed Upon; Pre-Offer Fees And Costs Did Not Disturb The Result Under CCP § 998.             In Hoffman v. Superior Ready Mix Concrete, L.P., Case No. D072929 (4th Dist., Div. 1 Dec. 19 2018) (published), plaintiff owned property intended to be […]

Allocation, Indemnity: CFO Was Entitled To Attorney’s Fees Indemnification Under Corporations Code Section 317(d) For Win On Settlement Release Issue

Cases: Allocation, Cases: Indemnity

Remand Requires To Apportion Fees Expended In Establishing Validity Of Release And Defendants Against Fraud In The Inducement Claims—However, It Did Not Adopt Wilshire Test For Corporate Indemnification.             Protech Services, Inc. v. Gillette, Case No. C083975 (3d Dist. Dec. 6, 2018) (unpublished) is an interesting decision on the scope of mandatory indemnification under Corporations

Allocation: Contract/Tort Cross-Over Claims Did Justify $825,000 Fees/Costs Award Against Non-Prevailing Parties

Cases: Allocation

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 (2d Dist., Div. 4 Oct. 24, 2018) (unpublished) was an LLC dispute with broad contractual fee recovery clauses.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

Allocation, Costs: Defendant Independent Insurance Adjustor Properly Awarded $8,148.47 In Routine Costs

Cases: Allocation, Cases: Costs

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             In Owens v. Bynum, Case No. A152090 (1st Dist., Div. 3 Sept. 25, 2018) (unpublished), defendant independent insurance adjustor was awarded costs of $8,148.47 in routine costs against plaintiff after defendant won a demurrer

Allocation, Landlord-Tenant, Special Fee Shifting Statute: Defendant Alleged To Be Partner Of Landlord Properly Awarded Fees Of $45,930 Against Tenant, Minus A “Double Dip” Item

Cases: Allocation, Cases: Landlord/Tenant, Cases: Special Fee Shifting Statutes

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

Allocation, Consumer Statutes, Costs: Consumer Plaintiff’s Win Against Car Assignee Did Require Remand Of Attorney’s Fees Decision To Allocate To The One Prevailing Claim Against Appealing Defendant And Required Rev. Of Expert Witness Fees As Costs

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs

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

Allocation, Prevailing Party, Reasonableness Of Fees, Section 1717: $371,135 Fee Award To Prevailing Tenant Affirmed Where Breach Of Contract Jury Verdict Was Only $84,595

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

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

Allocation/Civil Rights/Costs/Reasonableness Of Fees: $158,880.50 Fee Award To Unruh Act Plntf Remanded For Review To Exclude Fees For A Co-Defendant’s Work, Limited Success In Light Of injunctive Modification, And Elimination Of Clerical Work Billing

Cases: Allocation, Cases: Civil Rights, Cases: Costs, Cases: Reasonableness of Fees

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)

Allocation, Reasonableness Of Fees: Trial Judge’s Apportionment Of Fees In Multi-Defendant Representation And Award Of Appellate Fees Was No Abuse Of Discretion

Cases: Allocation, Cases: Reasonableness of Fees

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

Allocation, Homeowner Associations: Neighbor Winning $784,208 In Damages Against Another Neighbor Based On CC&R/Nuisance/Prospective Economic Advantage Damages Properly Awarded CC&R Fees Of $363,571.56

Cases: Allocation, Cases: Homeowner Associations, Cases: Record

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

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