Cases: Lis Pendens

Lis Pendens, Prevailing Party, Probate: Respondents In Probate Dispute Venued In Marin County Won Attorney’s Fees In Successfully Expunging A Lis Pendens And Then Won More Substantial Fees As The Prevailing Parties After Petitioner Voluntarily Dismissed A 850 Petition

Cases: Lis Pendens, Cases: Prevailing Party, Cases: Probate

Various Statutes Gave Rise To Fee Entitlement In The Probate Case. One of our readers, Ronald Foreman of San Francisco’s Foreman & Brasso, sent us some interesting fee opinions in the Marin County Superior Court case of Matter of the Gregory Joseph Schoepp Living Trust, Case No. PR000248 [12/6/24 lis pendens expungement fee order and […]

Lis Pendens: $29,166 Attorney’s Fees Award Against Losing Buyers In Lis Pendens Expungement Motion Loss Is Reversed On Appeal

Cases: Lis Pendens

Buyers Had Substantial Justification To File A Specific Performance Suit And Oppose The Lis Pendens Expungement Motion.                Under CCP § 405.38, a prevailing party on a motion to expunge a lis pendens is entitled to recover reasonable attorney’s fees and costs “unless the court finds that the other party acted with substantial justification or

Lis Pendens: Challenge To A Lis Pendens Expungement Fee Award Must Be Made Through A Writ Proceeding, In Most Cases

Cases: Lis Pendens

A Good Reminder To Real Estate Practitioners.             Norton v. Haskins, Case No. D078431 (4th Dist., Div. 1 Aug. 17, 2022) (unpublished) is a good reminder to real estate litigators/practitioners that, in general, a challenge to a lis pendens expungement fee order must be done through a writ petition, not just a normal appeal.  (See

Lis Pendens: Fifth District Reverses Expungement Motion In Right Of First Refusal Dispute, Remanding To The Lower Court To Set Attorney’s Fees For The New Prevailing Party

Cases: Lis Pendens

Case Has A Nice Discussion of Lis Pendens And Right Of First Refusal Principles.             In J&A Mash & Barrell, LLC v. Superior Court, Case No. F083104 (5th Dist. Jan. 19, 2022) (published), the appellate court confronted a mandate writ proceeding to review a lower court’s lis pendens expungement order in a dispute brought by

Appealability, Lis Pendens: Aggrieved Party Suffering $4,500 Fee Award With Respect to Lis Pendens Expungement Could Not Raise The Issue Through A Subsequent Appeal

Cases: Appealability, Cases: Lis Pendens

Litigant Had To Raise The Issue In A Writ Petition, Which Litigant Did Not Do—Appellate Court Lacked Jurisdiction To Consider The Fee Award.             A probate litigant in Wilkin v. Nelson, Case No. B294530 (2d Dist., Div. 6 Feb. 3, 2020) (certified for partial publication Feb. 26, 2020; fee discussion not published) was ordered to

Suing Real Estate Buyers, Who Were Defensed At Judgment On The Pleadings Stage, Were Not Stung With Real Estate Purchase Contractual Fees By Victorious Brokers, But Did Suffer Fee Exposure From Lis Pendens Expungement Proceeding

Cases: Fee Clause Interpretation, Cases: Lis Pendens, Cases: Section 1717

Third District Affirms Award of Lis Pendens Expungement Fees to Brokers and Sustains Denial of Attorney’s Fees to Brokers Under Real Estate Purchase Agreement Fee Clause.             This next case deals with contractual fee awards under Civil Code section 1717 and fees assessed against a party that lost a lis pendens expungement

LIS PENDENS WITHDRAWAL—YOU STILL MIGHT GET AWARDED ATTORNEYS’ FEES SHORT OF AN EXPUNGEMENT

Cases: Lis Pendens, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Castro Holds That A Practical Prevailing Party Test Governs An Award of Fees When A Lis Pendens Is Withdrawn.         Code of Civil Procedure section 405.38 provides that the prevailing party on a motion to expunge a lis pendens is entitled to an award of reasonable attorney’s fees and costs in bringing or

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