Plaintiffs Awarded Fees Had Compensatory Damages Of $252,000 And $558,000 After Factoring In Reversed Prejudgment Interest Awards. Attorney’s fees awards do not have to be proportionate under Civil Code section 1717. Park v. Nazari, Case No. B253685 (2d Dist., Div. 3 Feb. 2, 2016) (unpublished) is an apt illustration of this principle. […]
No Need to Provide Declarations From Expert Witness Fee In Support Of Expense Request Under CCP § 998. What happened in Nations Title Co. of Calif. v. Security Union Title Ins. Co, Case Nos. B250490/B253840 (2d Dist., Div. 3 Jan. 25, 2016) (unpublished), was that defendants won a jury verdict on a breach
Respondents Entitled To Appellate Fees For Prevailing Again. In Martin v. Park Sierra Apts., Case Nos. B242464/B244184 (2d Dist., Div. 4 Jan. 22, 2016) (unpublished), defendants won a case involving a lease agreement with a fees clause. Plaintiff appealed the merits decision and substantial fees/costs award of $142,853.25. Both determinations were affirmed on
Fee Clause Was Broad Enough To Allow For Recovery Of Fees, With Destruction Of Signed Fee Agreement By Terminated Attorney Not Precluding Recovery. Stolz v. Fleischner, Case No. E062781 (4th Dist., Div. 2 Jan. 6, 2016) (unpublished) is a situation where a terminated attorney won a fee recovery of $27,120 (out of a
4/3 DCA Does It Succinctly And Well. Presiding Justice O’Leary, in a 3-0 unpublished decision by the Fourth District, Division 3, affirmed a $76,890 contractual fee award against a plaintiff unsuccessfully attempting to unwind a foreclosure sale in Melgar v. Deutsche Bank National Trust, Case No. G051225 (4th Dist., Div. 3 Jan. 4,
Fee Request For $928,791.25 Never Happened As An Award. One must be careful on how one is positioned as far as status in attorney’s fees disputes, because nonsignatories must push the right “buttons” or they risk losing fees, which happened to the defendant/appellant in Seaport Village Ltd. v. Terramar Retail Centers, Case No.
Striking Fees Was Not Discrete Proceeding Allowing For Recovery. In Cooper v. Lavely & Singer, Case No. B261936 (2d Dist., Div. 4 Oct. 22, 2015) (unpublished), L&S won the merits of an arbitration case, but Cooper was successful in striking an arbitrator fee award in post-confirmation proceedings although the rest of the merits
Appellate Court Also Assessed $9,000 Against Appellant For Frivolous Appeal. Plaintiff sued to collect on a note with a fees clause, alleging that an individual defendant was the alter ego of the entity obligor. However, plaintiff’s case was dismissed for failure to prosecute it. The lower court then awarded fees of $125,000 out
Routine Costs Do Include Privately Retained Reporters Who Transcribe Court Hearings. In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a
$750 Contractual Fee “Cap” Honored In Lease Agreement. Senators comparing caps. Library of Congress. 1955. A trial judge in 511 S. Park View, Inc. v. Tsantis, No. BV031134 (L.A. Superior Court App. Div. Oct. 5, 2015) (published) awarded $12,375 in attorney’s fees to prevailing defendants after an unlawful detainer trial based on
