Cases: Consumer Statutes

Consumer Statutes: Successfully Settling Plaintiff Sustains Lower Court Win Of Over $180,000 In Attorney’s Fees Under The Song-Beverly Act In Lemon Law Case

Cases: Consumer Statutes, Cases: Reasonableness of Fees

  Defense Prior Efforts To Settle Contained Unreasonable Extraneous Terms And Case Was Hard Fought, Justifying A $575 Hourly Lodestar Rate.      When you try to settle a case, make sure you do not ask for extraneous extractions of an unreasonable or unallowable nature. The failure to do so doomed the defense efforts to challenge […]

Appealability, Consumer Statutes, Deeds Of Trust: Third District’s Sese Decision Now Published

Cases: Appealability, Cases: Consumer Statutes, Cases: Deeds of Trust

  Dealt With Appealability Of Denial Of Fee Award To Plaintiff Winning Preliminary Injunction Under California Homeowner Bill Of Rights.     In our post of July 30, 2016, we discussed the unpublished decision in Sese v. Wells Fargo Bank, N.A., which ruled that a plaintiff winning a preliminary injunction under the California Homeowner Bill of

Appealability, Consumer Statutes, Deeds Of Trust: Borrower’s Appeal of Trial Court’s Denial Of Fees To Borrower Winning Preliminary Injunction Under California Homeowner Bill Of Rights Was Dismissed

Cases: Appealability, Cases: Consumer Statutes, Cases: Deeds of Trust

  Borrower Appealed From A Nonappealable Interlocutory Order.      In Monterossa v. Superior Court, 237 Cal.App.4th 747, 751 (2015) [discussed in our June 14, 2015 post], the Third District decided that a borrower obtaining preliminary, rather permanent, injunctive relief under the California Homeowner Bill of Rights may be entitled to an award of attorney’s fees

Consumer Statutes: Lawyer Losing Debt Collection Claims Against Chiropractor Not Liable For Attorney’s Fees Because His Claims Were Not Brought In Bad Faith

Cases: Consumer Statutes

  All Of The Consumer Statutes Required Bad Faith, Found Not To Exist And Affirmed Under Appellate Abuse Of Discretion Standard.       Above:  chiropractic adjustment of horse.  Wikpedia.  Photographer:  Dr. Dennis Eschbach.  Wikipedia Creative Commons License.      In Libman v. Bondarev Chiropractic, Inc., Case No. B259498 (2d Dist., Div. 2 July 7, 2016) (unpublished), personal

Class Action Two-Fer: Class Counsel Fee Recovery Affirmed In Face Cream Class Action And Plaintiff Class Action Representative Suffers Adverse Fee Award Under The Consumers Legal Remedies Act For Bad Faith Prosecution

Cases: Class Actions, Cases: Consumer Statutes

  #1: Choi v. Mario Badescu Skin Care, Case No. B257480 (2d Dist., Div. 3 Apr. 29, 2016) (Unpublished).      Caption: “Testing cosmetics. Washington D.C. July 10, 1937. The department of Agriculture is making tests everyday in order to get cosmetics under the Pure Food and Drug Act, Mrs. C.W. West seated is helping Mrs.

Consumer Statutes/Deeds Of Trust: Where Borrower Was Granted Erroneous TRO Under Homeowner Bill Of Rights, $14,000 Fee Award Under Bill Of Rights Went POOF!

Cases: Consumer Statutes, Cases: Deeds of Trust, Cases: POOF!

  Predicate for Fee Entitlement Evaporated.      In our June 14, 2015 post, we discussed the Third District’s decision in Monterossa v. Superior Court, 237 Cal.App.4th 747, 754 (2015), which decided that attorney’s fees were properly awarded to a borrower obtaining a preliminary injunction against lender “dual tracking” under Civil Code section 2924.12(i) (the Homeowner

December 17, 2015 Unpublished Fee Decisions—Three Reversals, Two Affirmances On Variety Of Issues

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs, Cases: Family Law, Cases: Settlement

  Allocation—Artefex LP v. Bushman, Case No. B260737 (2d Dist., Div. 6 Dec. 17, 2015) (Unpublished).     In this one, plaintiffs won $15,000 on a contract breach claim after voluntarily dismissing tort claims, with the trial judge then awarding $191,256 in fees and $11,778.37 in costs based on a fees clause.  The 2/6 DCA reversed

Consumer Statutes/Reasonableness Of Fees: $60,000 Lemon Law Fee Recovery, Out Of Requested $119,862, Affirmed On Appeal.

Cases: Consumer Statutes, Cases: Reasonableness of Fees

  Challenge To Reasonableness Of Hourly Rate And Work Performed Rebuffed.      California’s Song-Beverly Consumer Warranty Act (sometimes dubbed a “lemon law” in car/RV cases) has a fee-shifting provision which requires the trial court to engage in a little bit different analysis, but not really that different under the lodestar method: determine the actual time

Consumer Statutes, Costs, Section 998: Plaintiff Losing Consumer Legal Remedies Act Claim Properly Exposed To Costs, Expert Witness Fees, And Attorney’s Fees

Cases: Consumer Statutes, Cases: Costs, Cases: Section 998

  No Costs Allocation Between Plaintiffs Required, 998 Offer Shifted Expert Witness Fees, And Prosecution Of CLRA Claim At Trial Was Not In Good Faith.     Foss v. San Antonio Community Hospital, Case No. E057236 (4th Dist., Div. 2 July 28, 2015) (unpublished) was a case prosecuted by plaintiffs against medically affiliated defendants under various

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