Cases: POOF!

POOF!/Private Attorney General/Special Fee Shifting Provision: Reversal Of Federal Due Process Violations Count Required Remand Redetermination Of Fee Awards To Prevailing Parties In Reverse Validation Action

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

  Fee Entitlement Was Established Under Public Records Act and Private Attorney General Statute, But Reversal of Civil Rights Judgment Determination Required a “Relook” All Around.      Although quite a lengthy decision, Community Youth Athletic Center v. City of National City, Case Nos. D060001/D061141 (4th Dist., Div. 1 Oct. 30, 2013) (published) does show that […]

POOF!: Reversal Of State Fair Debt Collection Judgment Means Fee Award Goes Away Too

Cases: POOF!

  $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      In Mansour-White v. Grant & Weber, Inc., Case No. B239900 (2d Dist., Div. 2 Oct. 15, 2013) (unpublished), plaintiffs won a malicious prosecution action and state fair debt collection act violations, winning $30,000 for emotional distress, $2,000 for statutory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

Private Attorney General Statute/Special Fee Shifting Statute: Optometrist Overturning ALJ Determination Against His Certificate Not Entitled To Fee Award Under Private Attorney General Statute Or Government Code Section 800

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

  $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

POOF!: Decisions For September 4, 2013–Two POOFS Are Better Than One

Cases: POOF!

  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

Eminent Domain/POOF: Once Precondemnation Damages Reversed, Substantial Attorney’s Fees/Litigation Expense Award Goes Permanently POOF!

Cases: Eminent Domain, Cases: POOF!

       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

Intellectual Property (Copyright)/POOF!: $201,012.50 Fee Award Against Plaintiff Goes Away When Appellate Court Concludes Case Was Close And Plaintiff’s Suit Was Not Objectively Unreasonable

Cases: Intellectual Property, Cases: POOF!

  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

Allocation/POOF!/Special Fee Shifting Statutes: $952,142.50 Fee Award Evaporates Upon Reversal of Merits

Cases: Allocation, Cases: POOF!, Cases: Special Fee Shifting Statutes

       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

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