Cases: Deadlines

Law Of The Case: Prior Appellate Opinion, Never Challenged On Rehearing Or Supreme Court Review, Was Law Of The Case On Fee Determination

Cases: Appealability, Cases: Deadlines

  Mere Disagreement With Prior Appellate Opinion Does Not Impact Law of the Case Doctrine.      In Tennen v. Finstad, Case No. B217765 (2d Dist., Div. 2 Feb. 10, 2010) (unpublished), losing litigants on an order denying an attorney’s fees motion brought a prior successful appeal in which the Court of Appeal reversed an order […]

Jurisdiction To Award Fees And Prevailing Party Status: Borrower Substantially Reducing Loan Exposure Through Usury Defense Awarded Fees Of $43,960

Cases: Deadlines, Cases: Prevailing Party, Cases: Section 1717

Trial Court Had Jurisdiction to Award Fees While Merits Appeal Pending and Borrower Was the Prevailing Party.      Borrower on a loan, even after an initial appeal, reduced a loan balance to only $3,602.72 after an offset for usurious interest. The lower court refused to award costs to lender and also awarded $43,960 to borrower

Civil Rights: CCP § 1038 Does Not Apply To Unsuccessful 1983 Civil Rights Claims

Cases: Civil Rights, Cases: Deadlines, Cases: Special Fee Shifting Statutes

First District, Division 4 So Decides, Also Denying Fees on a Different Theory Raised After Losing the § 1038 Request—Counseling to Seek Fees on Multiple Grounds the First Time Around.      State entities eventually defended against a civil rights claim brought by a peace officer organization under 42 U.S.C. § 1983. State entities then moved

Costs Deadline, Fee Substantiation and Allocation: Fees/Costs Awarded In Anti-Speculation Liquidated Damages Clause Dispute Affirmed In Favor Of Developer

Cases: Allocation, Cases: Costs, Cases: Deadlines, Cases: Substantiation of Reasonableness of Fees

Liquidated Damages Clause Found Valid; Fees/Costs Award Sustained Also.      This next decision should be of substantive interest to both developers and our readers interested in fee issues.      Although unpublished, Beck Properties, Inc. v. Hameed, Case No. C058279 (Dec. 11, 2009) decided that an anti-speculation clause in a purchase agreement between a developer and

Post-Arbitration Fees and Judgment Enforcement: Court Of Appeal Considers Some Interesting Fee Award Appellate Challenges In These Two Areas

Cases: Arbitration, Cases: Deadlines, Cases: Judgment Enforcement

  Sixth District Likes Trial Court’s Rulings Across the Board on Fee Issues.      In Exatron, Inc. DiFrancesco, Case No. H033094 (6th Dist. Dec. 9, 2009) (unpublished), plaintiff’s prior attorney’s fees and costs award from a contractual arbitration against defendant were affirmed in a prior appellate decision. Nine months later, plaintiff filed for supplemental fees

Appeal: Appeal From Amended Judgment Inserting Fee Award Did Not Preserve Appeal Of Merits Judgment

Cases: Appealability, Cases: Deadlines

  Fourth District, Division 1 Reminds Us All of An Important Lesson in the Appellate Arena.      The Fourth District, Division 1, provided us all with an important reminder of timely appealing judgments in order to preserve appellate jurisdiction. In Gravelle v. Aquadek, Case No. D054215 (4th Dist., Div. 1 Nov. 17, 2009) (unpublished), defendant

Prevailing Party: Defendants City And Landlord Win Summary Judgment and Gain $184,605 Fee Award As Prevailing Parties Under Civil Code Section 1717

Cases: Deadlines, Cases: Prevailing Party, Cases: Section 1717, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Both Determinations Affirmed on Appeal.      In Marinos v. City of Rocklin, Case Nos. C058958/C060844 (3d Dist. Nov. 4, 2009) (unpublished), defendants City and landlord prevailed on a summary judgment motion based on plaintiffs not complying with a notice provision in a settlement agreement with a fees clause. The trial court then awarded defendants $184,605

Prevailing Party: Broadly-Worded Fees Clause Gave Rise To Fee Exposure Even Under Santisas

Cases: Allocation, Cases: Deadlines, Cases: Prevailing Party

Sixth District Also Resolves Joinder, Motion Timeliness, and Apportionment Issues.      The next case is a virtual “issue cross-over” study for such subjects as prevailing party after a dismissal without prejudice (Santisas issue); joinder; motion timeliness; and apportionment. Walewski v. Williams, Case No. H033026 (6th Dist. Oct. 8, 2009) (unpublished) is worth reading to see

Postjudgment Attorney’s Fees: “Fees on Fees” Must Be Claimed In Attorney’s Fees Hearing Before Trial Court … Appellate Court Rejects Awarding Them After Fee Claimant Wins on Appeal

Cases: Deadlines

  Fourth District, Division 3 So Holds in Unpublished Decision.      The lesson from the next case for litigants seeking attorney’s fees is to make sure your time for bringing the fee petition (called “fees on fees,” and usually compensable) is made timely before the trial court hearing the fee motion. If you wait and

Statutory Fees: Attorney’s Fees Motion Preserves Fee Request, With Claimants Not Having To File Costs Memorandum Seeking Fees

Cases: Costs, Cases: Deadlines, Cases: Prevailing Party

Second District, Division 3 Rebuffs Contrary Technical Argument.      In Brownstein v. Smith, Case No. B205864 (2d Dist., Div. 3 July 1, 2009), plaintiff lost a condominium dispute against other condo owners arising out of CC&Rs. Defendants were entitled to seek fees under Civil Code section 1354(a), a fee-shifting provision applying to parties seeking to

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