Cases: Consumer Statutes

Hate Crime Statutes: Arbitration Expense and Fee Award Reversed And Remanded Because Armendariz Prohibition on Expenses Applies To Statutory Hate Crime Claims

Cases: Allocation, Cases: Arbitration, Cases: Consumer Statutes, Cases: POOF!, Cases: Special Fee Shifting Statutes

Second District, Division One, Does Remand For Proper Expense/Fee Determination and For Examination of Allocation Issues.      Armendariz v. Foundation Health Psychcare, 24 Cal.4th 83, 110-113 (2000) determined that arbitral expenses beyond what a plaintiff litigant would have borne in a court case cannot be imposed in cases involving statutory rights enacted for a public […]

Elder Abuse: Senate Bill 1140, Effective January 1, 2009, Strengthens Elder Abuse Protections And Has Fee-Shifting Impetus

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes, Legislation

Effect of New Law Explored in Steven Riess’ Article in August 2009 California Lawyer.      For those attorney readers practicing in the elder abuse area, there is an excellent article that is must reading in the August 2009 edition of California Lawyer. It is authored by Steven Riess and is entitled “Combating Financial Abuse of

FOIA: No Fees Recoverable Where Documents Voluntarily Turned Over Before 2007 Amendments

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Ninth Circuit Determines 2007 Catalyst Amendments Are Not Retroactive in Nature.      Under the Freedom of Information Act, 5 U.S.C. § 552, a complainant in a FOIA action is deemed to be eligible for an award of attorney’s fees if he has “substantially prevailed” on his claim. 5 U.S.C. § 552(a)(4)(E) (prior to 2007 amendments).

Labor Commissioner Appeals: Employer Wins $10,000 Fee Award Against Unsuccessful Ex-Employee

Cases: Appealability, Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Fees Can Be Awarded Under Labor Code section 98.2(c).      An employer is entitled to an award of reasonable attorney’s fees, in an amount to be determined by the trial court, when an employee unsuccessfully appeals from a Labor Commissioner’s ruling to the trial court. (Lab. Code sec. 98.2(c).) Cooper v. Golden Gate Reporters, LLC,

Special Fee Shifting Statute: California Fair Debt Collection Practices Act Does Allow For Enhancement of Fee Awards Using Multipliers

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

First District, Division 1 Holds that Civil Code section 1788.30(c) Language Does Not Preclude Use of Multipliers.      Civil Code section 1788.30(c), part of the Robbins-Rosenthal Fair Debt Collection Practices Act, allows a prevailing debtor enforcing any liability under the Act to recover “reasonable attorney’s fees, which shall be based on time necessarily expended to

FDCPA: Attorney’s Fees For “Bad Faith” Actions Cannot Be Assessed Against Plaintiff’s Attorneys

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Ninth Circuit Addresses First Impression Issue, Departing From Result Reached by Other Federal Courts.      The Federal Debt Collection Practices Act (FDCPA), at 15 U.S.C. section 1692k(a)(3), provides that a district judge may award to the defendant reasonable attorney’s fees on a finding that an FDCPA action was brought “in bad faith and for the

Lemon Law: Appellate Court Affirms $344,600 Fee Award, Adds Another $57,587 For Discovery Referee Fees, And Remands For More Postjudgment Fees

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

Fourth District, Division 3 Affirms and Augments Fee Awards, After Also Determining that Defense Tactics Required Terminating Sanctions For Bad Faith Discovery Abuses.      Here is another wild one, dictated by the unusual set of facts at play. It is also a modern day parable reminding all litigators that they need to avoid “hiding the

Lemon Law: Reject An Early Settlement Offer In the Ballpark … And Suffer The Consequences!

Cases: Consumer Statutes, Cases: Settlement

Fourth District, Division 2 Reminds Fee-Shifting Plaintiffs To Not Eschew Early Compromise Proposals.      The next case reminds all of us that the system is geared for resolution—resolution being another word for settlement early on in the game, under the right circumstances, under the right case, and under reasonable efforts to resolve the matter. Miss

Mixed Result In Decade Long Litigation: Substantial Attorney’s Fees Award Goes “Poof” When Plaintiff Should Have Been Given Leave To Amend, But Plaintiff Denied Post-Judgment Enforcement Fees

Cases: Appealability, Cases: Consumer Statutes, Cases: Judgment Enforcement, Cases: POOF!

Second District, Division 7 Publishes Decision in Decade Long Battle Arising From Credit Impairment Allegations.      Although too long to recite in detail (43 pages in length), Sanai v. Saltz, Case Nos. B198217 & B202787 (2d Dist., Div. 7 Jan. 26, 2009) (certified for publication) chronicles a donnybrook between a former in pro per renter

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