$41,262.50 Fee Award Evaporates. In Mansour-White v. Grant & Weber, Inc., Case No. B239900 (2d Dist., Div. 2 Oct. 15, 2013) (unpublished), plaintiffs won a malicious prosecution action and state fair debt collection act violations, winning $30,000 for emotional distress, $2,000 for statutory violations, and $41,262.50 in statutory attorney’s fees. Well, once the […]
$80,000 Fee Award/$2,000 Costs Award Go POOF! Artist: Jean-Léon Gérôme. 1824 – 1904. Optometrist had gotten a nice win–a superior court overturned an ALJ’s determination that the optometrist had violated the standard of care in relation to a patient’s cataracts diagnosis. The lower court then awarded optometrist about $80,000 in fees
Young v. State Water Resources Control Bd., Case No. C068559 (3d Dist. Sept. 4, 2013) (published) Customers of water distribution company won mandamus on a water diversion jurisdictional issue and the Water Board conceded their ability to participate in administrative proceedings, which triggered a lower court award of fees to customers under the
Up in Smoke: $165,440.50 In Fees and Costs. Tenant suffered an adverse summary judgment on certain contract claims, with the lower court awarding landlord $165,440.50 in fees and costs as the prevailing party. That all went POOF! on appeal inn Kagan v. Zablen, Case No. B242437 (2d Dist., Div. 5 Sept. 5,
$2,575.04 Fee Award to State Bar Went Away. Barry v. The State Bar of California, Case No. B242054 (2d Dist., Div. 2 Aug. 21, 2013) (published) involved an attorney who challenged a stipulation she reached with the State Bar resolving two disciplinary cases against her. She filed a civil action seeking to set
California’s Department of Transportation in People ex rel. Dept. of Transportation v. McNamara, Case No. H036228 (6th Dist. Aug. 14, 2013) (published) was hit with a $1.6 million damages award, inclusive of $400,000 for precondemnation damages. Depending on the spread between the condemnee’s final settlement demand and DOT’s final offer as well as
Simply Losing Fair Use Defense Did Not Means Fees Were Automatic. Seltzer v. Green Day, Inc., Case No. 11-56573 (9th Cir. Aug. 7, 2013) (for publication) is a case where defendants’ win based on a fair use defense in a copyright infringement case was affirmed. However, the district court also awarded the defense
SLAPP Reversal Doomed Prior Fee Award Viability. Reversal on appeal can be cruel in any case, but especially in the SLAPP context. Renewable Resources Coalition, Inc. v. Pebble Mines Corp., Case Nos. B234347/B236218 (2d Dist., Div. 3 July 30, 2013) (published) is a good illustration. There, a SLAPP grant in favor of
The Second District, Division 4 in Nevarrez v. San Marino Skilled Nursing and Wellness Centre, Case No. B235372 (2d Dist., Div. 4 June 5, 2013) (published) reversed an Elder Abuse Act substantial jury verdict, even though the plaintiff also prevailed on a Patient’s Bill of Rights claim, with both schemes having a fee
In many respects, Tract 19051 Homeowners Assn. v. Kemp, Case No. B235015 (2d Dist., Div. 4 May 15, 2013) (unpublished) was not a difficult decision once the liminal legal issue was decided. Because no common interest development was involved, a defense award of fees had to be overturned under Civil Code section 1354.
