Cases: POOF!

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play a big part on appeal, we explain what happened in Kling v. Horn, Case No. B310164 (2d Dist., Div. 7 June 8, 2022) (unpublished).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 Apr. 1, 2022) (unpublished), prevailing parties were awarded $365,065 in attorney’s fees after winning $390,184 in damages.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,

POOF! Earlier Reversal of Judgment On Less Than All Causes of Action Required Reversal Of Subsequent Fees/Costs Award

Cases: POOF!

4/1 DCA So Rules In Unpublished Opinion.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 Partnership, Case No. D078538 (4th Dist., Div. 1 Dec. 2, 2021) (unpublished), a trial judge entered a $97,000 fees/costs award against a commercial tenant based on tort and premises liability claims against landlord and its real estate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 Clause Interpretation, POOF! After A Merits Reversal, Language Of The Fees Clause Meant That The Reversed Party Did Not Prevail

Cases: Fee Clause Interpretation, Cases: POOF!

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

Private Attorney General, POOF!: Reversal Of CEQA Parking Lot Issue Petition In Entirety Also Vacated Private Attorney General Fee Award

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

$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

POOF!, Unlicensed Contractors: $155,008.50 Fee Award Against Unlicensed Contractor Under CCP § 1029.8(a) Reversed As A Matter Of Law

Cases: POOF!, Cases: Unlicensed Contractors

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

Ethics, POOF!, SLAPP!: Attorney Fees And Costs Awarded To Successfully SLAPPing Defendants Goes POOF! With Reversal Of Trial Court’s Partial Grant Of Defendants’ SLAPP Motion

Cases: Ethics, Cases: POOF!, Cases: SLAPP

Defendants’ Internet And Twitter Statements Against Plaintiffs Consisted Mainly Of "Vulgar And/Or Adolescent Personal Insults, Misogynistic, Racist, And Xenophobic Comments, And Other Slurs Having Nothing To Do With Any Reasoned Discussion Of Trustworthiness, Competence, Or Any Other 'Public Issue Or An Issue Of Public Interest.'”             In Block v. Bramzon, Case Nos. B292129/B297198 (2d

Appealability, Landlord-Tenant, POOF!: Reversal Of Unlawful Detainer Judgment Against Landlords Required Reversal Of Related Attorney’s Fees/Costs Award

Cases: Appealability, Cases: Landlord/Tenant, Cases: POOF!

In Separate Merits Appeal, Appeal Was Cognizable Although Possession Returned To Landlords During Appeal Because Review Would Determine Landlord Liability For Fees/Costs.             In Lee v. Kotyluk, Case No. G058631 (4th Dist., Div. 3 Jan. 7, 2021) (published), landlords sought to evict a commercial tenant for selling marijuana without a license.  The lower court found

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