Cases: Fees as Damages

Costs/Fees As Damages: Costs Of Appraisal Sought To Be Recovered Under Contractual Fees Clause Not Obtainable Based On Failure To Provide Proof At Damages Stage Of Case

Cases: Costs, Cases: Fees as Damages

       The prevailing party in Gardner v. McCoy, Case No. C067564 (3d Dist. Nov. 13, 2012) (unpublished) was bummed when the lower court did not award him the costs of an appraisal under a lease clause saying that the successful party would recover his “costs and expenses.” That ruling by the trial judge was […]

Fees As Damages/Allocation: Fifth District Rules That Attorney’s Fees Expended To Clear Title Are Compensable Slander Of Title Damages Where Slander Contained In Recorded Instrument

Cases: Allocation, Cases: Fees as Damages

  Dicta in Decision May Be Broader, But No Apportionment Required.      For all of you real estate buffs out there, we report on the Fifth District’s 76-page decision in Sumner Hill Homeowners’ Assn. v. Rio Mesa Holdings, LLC, Case No. F058617 (5th Dist. Apr. 2, 2012) (certified for partial publication, slander of title fee

Costs/Fees As Damages: Nonspecific Expert Witness/Other Costs In Contractual Fee/Costs Provision Had To Be Pled And Then Proven Before Posttrial Stages

Cases: Costs, Cases: Fees as Damages

  First District, Division 1 May Have Intimated Disagreement With Thrifty Payless in Recent Unpublished Decision.      Way back in our June 23, 2010 post on Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC, 185 Cal.App.4th 1050 (2010), we knew that this case would engender some further judicial feedback. It basically held that expert witness

Damages/Family Law: “Somewhat Unusual” Case Involving Pro Tem Judge Conflict Cost Transitory Winning Litigant’s Attorney $780,482 In Damages For Attorney’s Fees Expended In Dissolution Proceeding Tainted With The Conflict

Cases: Family Law, Cases: Fees as Damages

  No, Love Lost as Fourth District, Division One Reverses JNOV Disfavorable to Initially Losing Litigant, Who Won a Jury Verdict, Was Then Overturned Post-trial, and Was Vindicated on Appeal.      This one caught our attention because of the appellate court’s rather subdued characterization of it being a “somewhat unusual case.” Wow! This is one

Fees As Damages: Civil Code Section 3334—Wrongful Use/Occupancy Statute—Does Allow Attorney’s Fees As Damages

Cases: Fees as Damages

Second District, Division 6 So Rules in Unpublished Decision.      This next one should interest any litigators or courts involved in boundary line/encroachment/easement disputes, involving the breadth of the damages provision contained in Civil Code section 3334.      Section 3334 provides that in non-eminent domain cases the detriment caused by wrongful occupation of real property

Costs: Second District, Division 7 Seems To Part Company With Fourth District, Division 3 Over Procedure For Recovering Non-statutory Costs

Cases: Costs, Cases: Fees as Damages

  Division 7 Seems To Favor Trial Proof Method Over Post-Judgment Costs Hearing Approach in Unpublished Decision.      On June 23, 2010, we reported on Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC, __ Cal.App.4th __, 2010 WL 2473831 (4th Dist., Div. 3 June 21, 2010), where a panel of the Fourth District, Division 3

Expert Fees Under Fees Clause: Fourth District, Division 3 Rules They Are Recoverable Through Routine Costs Procedure

Cases: Costs, Cases: Fees as Damages

Appellate Panel Disagrees With “Pleading and Proof” Approach in Carwash.      Many attorney fees clauses have language that allows the prevailing party to recover both attorney’s fees and “witness and expert fees.” Although Code of Civil Procedure section 1033.5 does not permit expert witness fees to be recovered as statutory costs, case law does recognize

Fees As Damages: Fees Incurred In Prior Action And Malicious Prosecution Action Properly Awarded As Damages

Cases: Fees as Damages

   Second District, Division 6 Affirms Substantial Fees As Damages, Minus An Offset.      Substantial fee awards do not necessarily always arrive in the form of postjudgment costs awards. Rather, they can be, and often are, awarded as damages by a trier of fact in certain actions, especially malicious prosecution lawsuits.      Saby v. Louks,

SLAPP/Malicious Prosection Damages Interplay: SLAPP Fee Ruling Is Not Collateral Estoppel On Awarding Special Damages In Subsequent Malicious Prosecution Case

Cases: Allocation, Cases: Fees as Damages, Cases: SLAPP

Second District Determines SLAPP Ruling Does Determine Amount of Motion to Strike Fees, But Remaining Attorney’s Fees Are Fair Game and Defendant Bears Burden of Allocating Out Unreasonable Fees. The next decision is an interesting one that we predict will have more and more play as SLAPP motions and later malicious prosecution awards interact in

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