Cases: Consumer Statutes

Consumer Statutes: New Civil Liability Sections Of Dodd-Frank Wall Street Reform And Consumer Protection Act, Effective January 10, 2014, Allow For Recovery Of Costs And Attorney’s Fees

Cases: Consumer Statutes

  Lender TILA Duty of Care and Anti-Steering Prohibition Violations Will Trigger Civil Liability.      Passed earlier this year, the Dodd-Frank Wall Street Reform and Consumer Protection Act directed the Consumer Financial Protection Bureau (CFPB) to issue rules to establish stronger protections for residential homeowners facing foreclosures (but not involving HELOCs). THE CFPB has done […]

Consumer Statutes: UCL Plaintiffs Can Seek Attorney’s Fees Under Private Attorney General Statute

Cases: Consumer Statutes, Cases: Private Attorney General (CCP 1021.5)

  State Supreme Court Clarifies UCL Reach On Insurance Bad Faith Actions, Including A Footnote On Fee Recovery.      In Zhang v. Superior Court, Case No. S178542 (Cal. Supreme Court Aug. 1, 2013), our state supreme court held that common law bad faith insurances cases can be pled and sustained as unfair competition law claims,

Consumer Statutes/Prevailing Party: U.S. California District Judge Denies Fees To Either Side In Contentious Disability Prevailing Party Dispute

Cases: Consumer Statutes, Cases: Prevailing Party

    No One Prevailed, He Ultimately Ruled.        Well, U.S. District Judge Edward Davila (N.D. Cal.) had his hands full in dueling fee petitions brought by a disabled plaintiff class action representative Donald Cullen and Netflix, Inc. after the federal district judge dismissed the plaintiff’s third amended complaint with prejudice. However, plaintiff claimed

Consumer Statutes/Substantiation Of Fees: Heritage Pacific Decision Now Published

Cases: Consumer Statutes, Cases: Substantiation of Reasonableness of Fees

  Discusses Fair Debt Collection Practices Act Fee-Shifting and Block Billing.      In our April 5, 2013 post, we discussed Heritage Pacific Financial, LLC v. Monroy, which discussed the FDCPA pro-plaintiff fee-shifting statute (even where success is modest) and block billing issues (confirming that trial courts have discretion on how to penalize block billing, if

Consumer Statutes/Reasonableness of Fees: $1 FDCPA Compensatory Award Justified $89,489.60 In Fees/Costs Under Federal Consumer-Oriented Statute

Cases: Billing Record Substantiation, Cases: Consumer Statutes, Cases: Reasonableness of Fees

  Block Billing Also Discussed.      A creditor was sued under a cross-complaint by a debtor under both the Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act (FDCPA). Debtor won a summary judgment motion on the FDCPA claim, on condition that she agree to a compensatory award of $1,

Consumer Statutes: Attorney’s Fee Recovery Properly Denied To Swimming Contractor Not Complying With Consumer Protection Dictates For Swimming Contracts

Cases: Consumer Statutes

       We are not sure that our local appellate court was equitably happy with the result it reached, but it certainly felt the law was followed.      In Le v. Crawford, Case No. G046271 et al. (4th Dist., Div. 3 Jan. 31, 2013) (unpublished), defendant did receive a $92,000 judgment for unpaid work in

Consumer Statutes/Section 998: Song-Beverly Warranty Act Acceptor of 998 Offer Garners Significant Attorney Fees and Costs Award

Cases: Consumer Statutes, Cases: Section 998

  No Judgment Needed and Dismissal With Prejudice Sufficient to Shift Fees and Costs Under Song-Beverly Act Scheme.      The Fifth District in Wohlgemuth v. Caterpillar, Inc., Case No. F061981 (5th Dist. July 23, 2012) (partially published) answered some interesting questions about the nature of Code of Civil Procedure section 998 fee-shifting in the context

Consumer Statutes/Special Fee Shifting Statutes: Consumer Winning Fraud Case Against Motor Vehicle Retailer Doesn’t Get Fees Under Vehicle Code Statute, Doesn’t Get Fees Under Contractual Provisions Based On Surety Law, But Does Get Them

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

  Wow–Fee Entitlement Can Be Had, If You Are Tenacious And Can Get to the Right Independent Basis!      The Fifth District’s decision in Pierce v. Western Surety Co., Case No. F062096 (5th Dist. June 22, 2012) (published) goes to show you that the fee entitlement race sometimes goes to the tenacious. All you need

Arbitration/Consumer Statutes: Waiver Of Attorney’s Fees Recovery In Residency Arbitration Provision Was Against Public Policy

Cases: Arbitration, Cases: Consumer Statutes

  Fee-Shifting Provision in Elder Abuse Law Vetted An Important Public Policy.      The Fifth District in Bickel v. Sunrise Assisted Living, Case No. F062443 (5th Dist. May 21, 2012) (certified for publication) involved a plaintiff suing defendant assisted living facility for elder abuse. Plaintiff entered into a residency agreement with an arbitration clause, with

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