Reason Is That Plaintiff Was Not Allowed A Jury Trial. A jury trial is a fundamental right; if that right is abridged, a reversal of a merits judgment and post-judgment fees award may well occur, as it did in Miralda v. Wu, Case Nos. B306324/B313954 (2d Dist., Div. 1 Nov. 2, 2022) (unpublished). […]
That Meant $80.6 Million Class Counsel Fee Award Went POOF!, And Whether Fees For Parallel State Litigation Was Appropriate Had To Be Considered Based On Its Impact On Lodestar Multiplier. In Named Plaintiffs, et al. v. Apple, Inc., Case Nos. 21-15758 et al. (9th Cir. Sept. 28, 2022) (published), the Ninth Circuit, based on
This Was A 2-1 Decision; Dissenting Justice Would Have Given Deference To Trial Court’s Reversed Prevailing Party Determination. Just to show how prevailing party determinations can be to subject to different interpretations, we now post on Youssef v. County of Los Angeles, Case Nos. B302773/B306187 (2d Dist., Div. 1 July 15, 2022) (unpublished). The
Plaintiff’s Claim Was Colorable Such That “Reasonable Cause” Element Was Missing So As To Not Justify The Award. Cities gaining pre-trial victories in certain cases frequently move to recover some attorney’s fees and costs against a losing defendant under Code of Civil Procedure section 1038. However, the governmental entity must prove that the plaintiff’s
A $119,010 Fee Award Under An Amended Judgment Went POOF! Just to show you how the sequence of events can play a big part on appeal, we explain what happened in Kling v. Horn, Case No. B310164 (2d Dist., Div. 7 June 8, 2022) (unpublished). An original judgment in a matter stated that
No Separate Appeal Of The Fees Award Was Necessary To Extinguish The Fees Award—Although Prudent Appellate Practitioners Usually Appeal Separately To Be Cautious. In Medical Benefits Administration, Inc. v. Nivano Physicians, Case No. C093214 (3d Dist. Apr. 1, 2022) (unpublished), prevailing parties were awarded $365,065 in attorney’s fees after winning $390,184 in damages. However,
4/1 DCA So Rules In Unpublished Opinion. In Cui v. Secured Capital Ltd. Partnership, Case No. D078538 (4th Dist., Div. 1 Dec. 2, 2021) (unpublished), a trial judge entered a $97,000 fees/costs award against a commercial tenant based on tort and premises liability claims against landlord and its real estate broker about the suitability
Fee Clauses Without Prevailing Party Language Have Such A Condition Implied. Drink Tank Ventures, LLC v. Real Soda in Real Bottles, Ltd., Case Nos. B29881/B302215 (2d Dist., Div. 2 Nov. 10, 2021) (published) is an interesting case where a “prevailing party” had its intentional interference claim reversed as a matter of law. At the
$154,000 In Fees Went POOF! The appellate court in Save Our Access-San Gabriel Mountains v. Watershed Conservation Authority, Case Nos. B303494 et al. (2d Dist., Div. 8 Aug. 19, 2021) (published) reversed a CEQA petitioner’s win on a parking lot issue in entirety. Petitioner had won $154,000 in private attorney general statute fees (used
Absence Of True Injury To Owners Did Not Justify An Award Even Though Substantial Payments To Unlicensed Contractor Disgorged Under B&P § 7031(b). When you are dealing with fee entitlement, frequently, statutory interpretation is involved. If that is the case, you get de novo review—which can lead to a reversal of a fee award
