Fee Substantiation Was Adequate, Where Detail Told the Appellate Court All You Needed to Know. For all of you Spam lovers (bad pun, because this is really, an Internet Anti-Spam case), this next case will be of interest. Not to mention the derivation of the term “spam” in the email context–we will leave […]
Special Mobilehome Residency Law Fee-Shifting Provision Entitled Plaintiffs to Fee/Costs as Prevailing Parties. Civil Code section 798.85 is a special fee-shifting statute in the Mobilehome Residency Law statutory scheme, mandating an award of reasonable attorney’s fees and costs to the prevailing party under the scheme. Above: Palace mobile home. Washington, D.C. September
$326,588 Award Went Bye-Bye. Plaintiffs in an elder abuse case where the crucial claims centered about defendants’ undue influence of an elder, causing an amendment to a testamentary trust, fared well in the trial court. The lower court invalidated the trust and awarded plaintiffs attorney’s fees of $326,588 under Welfare & Institutions Code
Duke Energy Carolinas, LLC Lost Appeal of Adverse Fee Award. Because Friday was a slow day for decisions on attorney’s fees issues in the California state courts and Ninth Circuit, we instead review a federal appellate decision affirming a substantial fee award under the Clean Air Act. Under the Clean Air Act’s citizen
Failure to Award Fees under B & P § 6204(d) Was No Abuse of Discretion. Here is an interesting case in the continuing saga of prominent civil rights attorney Stephen Yagman. The case is also poignant in showing how trial and appellate courts will use equitable principles to resolve fee recovery matters. In
Silent 998 Offer Came Back to Bite the Defense as Silence Proves Golden for Prevailing Party. Many of the decisions we examine have major object lessons for litigators to pay heed to. After all, we like to say that good case management skills are usually learned through mistakes. This next case illustrates this principle
$64,000 Attorney’s Fees Sustained on Appeal By Second District, Division 8. Plaintiff, in a Lemon Law car case, actually won $37,508.84 for breach of implied warranty and $560 for breach of express warranty as against Mercedes-Benz USA, LLC (MB). Because the Song-Beverly Consumer Warranty Act has a mandatory fee shifting provision for winning car
Fourth District, Division 3 Rejects Kim‘s Reliance on § 1032 Standard. In a very interesting case arising out of Orange County litigation, our local Santa Ana appellate court has parted company with another appellate court as far as the "prevailing party" standard to use for fee entitlement purposes under the Consumer Legal Remedies Act
Fourth District, Division One Reinforces that Consumer Statutes Are Not a Blank Attorney’s Fees Check. This next one is a lemon law case, arising under the Song-Beverly Consumer Warranty Act with a mandatory fee-shifting provision. However, that fee-shifting statute only allows recovery of reasonable attorney’s fees to the prevailing party (Civ. Code, § 1794(d);
D.C. Court of Appeals So Rules in Two Cases. Two and a half years ago, Congress enacted the Open Government Act, making it easier for plaintiffs to recover attorney’s fees in Freedom of Information Act (FOIA) lawsuits. Prior to the new Act, only FOIA plaintiffs actually awarded relief could recover fees. However, the Open
