Cases: POOF!

POOF!: $260,000 PRIVATE ATTORNEY GENERAL FEES AWARD GOES AWAY WITH PARTIAL REVERSAL OF MANDATE PETITION

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

       The appellate court’s recent decision in Ross v. California Coastal Commission, Case No. B228624 (2d Dist., Div. 5 Oct. 20, 2011) (unpublished) demonstrates our POOF! principle in convincing fashion. There, the appellate court reversed a mandate petition in part which was favorable to plaintiffs. That reversal meant that the $260,000 fees award to […]

POOF!: Reversal Of Demurrer Sustaining Also Means $112,437.50 Fee Award Falls

Cases: POOF!

       Here is one that demonstrates our POOF! principle for a substantial attorney’s fees award.      The appellate court in Goslins v. Taxe, Case Nos. B225795/B227711 (2d Dist., Div. 3 Sept. 27, 2011) (unpublished) reversed the sustaining of a demurrer to a complaint alleging invalidity of a trustee’s sale, equitable subrogation re first priority

SLAPP/POOF!: Reversal Of SLAPP Ruling Means Defendants’ Fee/Costs Award Went POOF!

Cases: POOF!, Cases: SLAPP

  $28,712.50 Fee/Costs Award Was the Victim in This One.      Defendants probably felt pretty good after they SLAPPed plaintiff’s suit and won fees/cost of $28,712.50 under the SLAPP mandatory fee-shifting statute. The feeling was somewhat short lived, however.      The appellate court in Gonzales v. Gonzales Foundation, Case Nos. A123857/124346 (1st Dist., Div. 3

Consumer Statutes/POOF!: Elder Abuse Fee Award Reversed Because 2008 Amendments Not Retroactive

Cases: Consumer Statutes, Cases: POOF!

  $326,588 Award Went Bye-Bye.      Plaintiffs in an elder abuse case where the crucial claims centered about defendants’ undue influence of an elder, causing an amendment to a testamentary trust, fared well in the trial court. The lower court invalidated the trust and awarded plaintiffs attorney’s fees of $326,588 under Welfare & Institutions Code

Private Attorney General Statute: $258,800 Fee Award Goes Up In Smoke (POOF!) Based On Karuk Decision

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

First District, Division 2 Uses Hunting and Boxing Analogies in Reversing Fee Award.      The next decision we survey involves a reversal driven by the same apppellate court’s earlier decision in Karuk Tribe of No. Calif. v. Calif. Regional Water Quality Control Bd., 183 Cal.App.4th 330, 364-369 (2010) [discussed in our March 30, 2010 post].

POOF! AND REVERSE POOF!: Appellate Court’s Reversal Of Plaintiff’s Judgment Meant Costs Award Went POOF! And Defendant City Could Seek Statutory Fee Recovery In A Reverse POOF!

Cases: POOF!

Prompt Payment Statute Fee Shifting Was Now In Play For City.      When a judgment is reversed as a matter of law by an appellate court in favor of the other side, that usually means good things for the other side–any fee and costs awards go POOF! and the prior losing party may prevail so

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