Cases: POOF!

Landlord/Tenant, POOF!: Landlord’s Unlawful Detainer Judgment, Much Of It Attorney’s Fees, Went POOF On Appeal

Cases: Landlord/Tenant, Cases: POOF!

Landlord Accepted Rent Check After Notice To Vacate, Such That A Month-To-Month Tenancy Was Reinstated.                In Baca v. Kuang, Case No. A171071 (1st Dist., Div. 5 Jan. 13, 2025) (partially published; fee discussion unpublished), defendant tenant appealed from an unlawful detainer judgment, consisting of $51,560 in contractual attorney’s fees and $24,000 in holdover rent.  […]

Fee Clause Interpretation, Poof!, Trade Secrets: Defendant Defeating Contractual Damages Claims Not Entitled To Fee Recovery Where Fees Clause Only Applied To Equitable/injunctive Relief Wins

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Trade Secrets

Results Is That $533,086.19 Fee Award Went POOF! On Appeal.                 The next case is a continuation of a case we earlier posted on, Applied Medical Distribution Corp. v. Jarrells (2024) 100 Cal.App.5th 556, discussed in our March 11, 2024 post.  There, plaintiff obtained preliminary and then later permanent injunctions against defendant in a trade

Class Actions, Employment, POOF!: Reversal Of Class Action Summary Adjudication On Class Meal/Rest Breaks Claim Meant Substantial Fee Award Reversed Also

Cases: Class Actions, Cases: Employment, Cases: POOF!

Plaintiffs’ Reasons To Not Reverse The Award Were Unpersuasive.                Acting Presiding Justice Segal, author on behalf of the 2/7 DCA in Benton v. Telecom Network Specialists, Inc., Case No. B318867 (2d Dist., Div. 7 Aug. 19, 2024), confronted a very spirited opposition by plaintiffs/class winning substantial fees for why the reviewing court should not

POOF!: $737,932.84 Private Attorney General Fee Award Goes Away When Appellate Court Reverses As A Matter Of Law Favorable Determinations In Contentious Public Treatment Wastewater Permits Dispute

Cases: POOF!

Goes To Show You How Fortunes Can Change.             Los Angeles Waterkeeper v. State Water Resources Control Board, Case No. B309151 (2d Dist., Div. 1 Feb. 27, 2023) (published) is a situation where plaintiff was awarded CCP § 1021.5 fees of $737,932.84 in a contentious public treatment wastewater permit dispute where plaintiff won on a

Class Actions, Poof!: Ninth Circuit Vacates $310 – 500 Million Class Settlement Based On Objectors’ Arguments To Settlement Fairness

Cases: Class Actions, Cases: POOF!

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

POOF!, Prevailing Party: Court Of Appeal Determines That Defendant Did Not Prevail Such That $454,071.50 Fee And Additional Costs Award To County Went POOF!

Cases: POOF!, Cases: Prevailing Party

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

POOF!, Special Fee Shifting Statute: CCP § 1038 Fees/Costs Assessed Against Plaintiff And In Favor Of City In Dangerous Property Case Reversed As A Matter Of Law

Cases: POOF!, Cases: Special Fee Shifting Statutes

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

Appealability, POOF!: Where Party Appealed A Judgment Which Was Later Amended To Allow One Side Fees And Costs, The Judgment Could Not Be Amended While The Appeal Was Pending

Cases: Appealability, Cases: POOF!

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

Appealability, POOF!: Reversal Of Merits Judgment For $390,184 In Damages Also Meant That A $365,065 Prevailing Parties’ Fees Award Went POOF!

Cases: Appealability, Cases: POOF!

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,

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