Cases: POOF!

Civil Rights/Costs/POOF!: $567,220.57 FEHA Award And $84,864.47 Costs Award Go POOF! When FEHA Counts Found Jurisdictionally Barred

Cases: Civil Rights, Cases: Costs, Cases: POOF!

  Matter Remanded to Demand Costs Under Routine Costs Statutes, Rather than Broader FEHA Costs-Shifting Provision.      FEHA does have a broad fee-shifting/costs-shifting statute, even covering expert witness fees and generally tilted in favor of winning plaintiffs. Plaintiff won two FEHA counts through a special jury verdict, but defendant moved for a JNOV on the […]

Civil Rights/POOF!: Preemption Of State Law Is Not A “Right” That Can Enforced For Purposes of Civil Rights Fee-Shifting Statute

Cases: Civil Rights, Cases: POOF!

  $86,914.24 Fee/Costs Recovery Garnered By Risk Retention Group Goes POOF!      Although the federal civil rights statute (15 U.S.C. § 1988) has a broad fee-shifting statute, it does not aid a winning plaintiff if preemption of a state law is not a “right” free from state law for purposes of the civil rights fee

Employment: Reversal Of Fortune–Employees Winning $346,947 In Attorney’s Fees Under Catalyst Unpaid Wages Case Found To Have Not Prevailed, Meaning Employers Get To Fix Fees Against Previously Winning Employees

Cases: Employment, Cases: POOF!

  Employers Sought Over $2.2 Million in Costs And Fees, Previously Denied But Get a Second Chance Against Losing Employees.      Zalewa v. Tempo Research Corp., Case No. B238142 (2d Dist., Div. 2 Mar. 1, 2013) (unpublished) is a wild “reversal of fortune” case on appeal.      This was a remand from a previous appeal

Family Law/POOF!: Third District Reverses Fee Award After Overturning Judgment On Two Claims Against Motor Home Buyer And Sustains 271 Sanctions Against Mother Based On Inadequate Record/Lack of Prejudicial Error

Cases: Family Law, Cases: POOF!, Cases: Record

       Here is a quick two-fer from the Third District:      Lafferty v. Wells Fargo Bank, Case No. C067812 (3d Dist. Feb. 4, 2013) (published): Judgment was entered against buyer in a defective motor home dispute with a lender to whom an installment sales contract was assigned by dealer. The trial court also awarded

Equity/Section 1717/Poof!: Fifth District Finds “Buried, One-Sided” Escrow Agreement Fees Clause Was Unconscionable As To Losing Putative Class Action Plaintiff On Government Code Excessive Notary Fee Claim

Cases: Equity, Cases: POOF!, Cases: Section 1717

  $266,801 Fee Award to Defense Went POOF!      The defense in Hutton v. Fidelity National Title Co., Case Nos. F063318/F063922 (5th Dist. Jan. 31, 2013) (partially published; fee discussion unpublished) must have been feeling pretty good in this one. It had won a summary judgment against a plaintiff suing it on behalf of a

POOF!/Section 1717: Plaintiff Winning Breach Of Contract Claims With Unilateral Fee Clause Entitled To Recovery Under Reciprocity Principle

Cases: POOF!, Cases: Section 1717

The Feeling Is Mutual      Concerned Citizens of South Central Los Angeles v. City of Los Angeles, Case No. B240301 (2d Dist., Div. 5 Jan. 14, 2013) (unpublished) demonstrates the reciprocity applicable to contractual fee clauses under Civil Code section 1717. It also demonstrates the POOF! principle applicable to results that are reversed on appeal.

POOF!: $1.157 Million Fee Award In Discrimination Case Goes Up In Smoke On Appeal

Cases: POOF!

       Our POOF! principle was illustrated very poignantly in Veronese v. Lucasfilm Ltd., Case Nos. A129535/A131600 (1st Dist., Div. 2 Dec. 10, 2012) (published).      There, plaintiff won a $113,830 compensatory discrimination verdict against the defense, and later garnered a prevailing party $1,157,411 fee recovery (almost 10x).      On appeal, the defense won the

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