Case Dealt With Reversal Of Fee Award On Security Deposit Withholding, Requiring A Restudy Of An Older Fee Award. On August 21, 2020, we posted on the decision of Aljabban v. Fontana Indoor Swap Meet, Inc., Case No. D076214 (4th Dist., Div. 2), which was unpublished at the time. That case reversed a $121,043 […]
The Trial Court Made An Implied Finding, Which Was Supported By Substantial Evidence, That Plaintiff Obtained His Litigation Objective And Was The Prevailing Party. Civ. Code § 1794(d) allows a prevailing buyer to recover reasonable attorney fees incurred in connection with the commencement and prosecution of an action under Civ. Code § 1790
However, $10,030.65 Costs Request Denied. By now, a lot of us are familiar with the Stephanie Clifford (aka Stormy Daniels) case against President Daniel J. Trump, which had been litigated both in federal courts and the Los Angeles County Superior Court (LASC). In fact, Ms. Clifford got tagged with some SLAPP fees at the
$121,043 Fee Award And $14,374.60 Costs Award Had To Be Examined Based On Partial Reversal. In Aljabban v. Fontana Indoor Swap Meet, Inc., Case No. D076214 (4th Dist., Div. 1 Aug. 18, 2020) (unpublished), licensor and licensee in swap meet space got into a spat over licensee’s claim about removing certain improvements and withholding
Trial Court Made Its Prevailing Party Determination Based On The Circumstances Surrounding The Case. Plaintiff in Steele v. Holcomb, Case No. G057931 (4th Dist., Div. 3 July 27, 2020) (unpublished), who served on the board of directors for a residential homeowners association, filed a petition for a civil harassment restraining order against a
The Trial Judge’s Call On Which Side Achieved Its Litigation Objection Was Correct. On June 24, 2020, we posted on Redondo Beach Waterfront, LLC v. City of Redondo Beach, Case Nos. B291111/BS168564 (2d Dist., Div. 3 June 19, 2020), unpublished at the time. We can now report that it was partially published on July
Determination Based On Achieving Litigation Goal, Not On Prevailing On A Higher Percentage Of Issues. Redondo Beach Waterfront v. City of Redondo Beach, Case No. B291111 (2d Dist., Div. 3 June 19, 2020) (unpublished), involved renovation of an existing 150,000 square foot building and a new 400,000 square foot waterfront development in the
Adverse Party Should Have Paid Around $57,000 To Other Side, And, If So, It Would Have Been The Prevailing Party! Tristar Realty Group, LLC v. Koury Engineering & Testing, Inc., Case No. B294535 (2d Dist., Div. 8 May 14, 2020) (unpublished) is a result demonstrating how the prevailing party determination in a case, where
Case Involved Applying DeSaulles Under Unusual Circumstances. Ajaxo, Inc. v. E*Trade Financial Corp., Case No. H043530 (6th Dist. Apr. 23, 2020) (published) is must reading for practitioners in trade secret cases when it comes to royalty awards under California’s Uniform Trade Secret Act. It also has an interesting published discussion on who is the
However, Prevailing Party Properly Awarded Apportioned Fees Of $49,875 Rather Than Requested $318,214 In Fees Against Defendant Landlord; Prevailing Defendant Property Manager Improperly Granted Routine Costs Because Motion Did Not Mention That Defendant And Nothing Showed The Costs Were Incurred. In Goins v. Williams, Case Nos. A152828/A153632 (1st Dist., Div. 3 Apr. 14, 2020)
