Cases: Settlement

Settlement:  For Anyone Crafting A Stipulated Judgment With A Monetary Recovery, Read This Decision—Address Fee And Cost Recovery Specifically

Cases: Settlement

Silence Means That Cost And Fee Recovery Can Be Obtained For A Breach If the Underlying Agreements Had Fees/Costs-Shifting Clauses. Lin v. A-Z Essential Pharmaceutical Inc., Case No. B344056 (2d Dist., Div. 7 Nov. 12, 2025) (unpublished) is a reminder for litigants and their attorneys to take care in crafting stipulated judgments where the litigants […]

Civil Rights, Prevailing Party, Settlement, Special Fee Shifting Statutes: Stipulated Judgment To Enforce Settlement Had Post-Judgment Enforcement Language Carve-Out Allowing For Further Post-Enforcement Attorney’s Fees

Cases: Civil Rights, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Also, On Remand, Trial Judge Had To Determine If Plaintiffs Prevailed In Voting Rights Act Case; And, If So, Amount Of Further Fees To Be Awarded.                In Robles v. City of Ontario, Case No. G064119 (4th Dist., Div. 3 Nov. 6, 2024) (published; originally issued unpublished on October 24, 2024), plaintiffs alleged that defendants

Fee Clause Interpretation, Settlement: Settlement Agreement Language Only Allowed Enforcement Activities Associated With The Settlement

Cases: Fee Clause Interpretation, Cases: Settlement

Other Non-Settlement Activities Were Improperly Awarded As Attorney’s Fees.                Bodero & Associates, Inc. v. Gorman, Case No. A168856 (1st Dist., Div. 5 Sept. 20, 2024) (unpublished) is a good example as to when four-corner contractual interpretation will govern a fee dispute, unfortunately requiring a limited remand.  Parties entered into a settlement agreement with standard

Employment, Settlement: $226,000 Stipulated Amount For Attorney’s Fees To Plaintiffs Under PAGA Settlement Validated On Appeal

Cases: Employment, Cases: Settlement

The Defense Could Not Retract From Its Agreed-Upon Settlement Amount.                In Loudon v. DHSE, Inc., Case No. E081497 (4th Dist., Div. 2 Aug. 8, 2024) (unpublished), defendants agreed to settle a PAGA action through a written settlement agreement providing plaintiffs were entitled to attorney’s fees of $226,000, or one-third of the PAGA settlement amount. 

Settlement: CCP § 664.6 Settlement Validated Where Lemon Law Plaintiff Agreed To Settle For $100,000 Inclusive Of Attorney’s Fees

Cases: Settlement

Effective 1/1/2021, Section 664.6 Allows A Litigant’s Attorney To Orally Stipulate To A Settlement On The Record.                Lemon law plaintiff was not happy with a lower court’s ruling that found a binding oral, on-the-record settlement which was reached with defendants by her attorneys to settle the case for $100,000 inclusive of attorney’s fees through

Employment, Fee Clause Interpretation, Prevailing Party, Settlement, Special Fee Shifting Statutes: Denial Of Labor Code Section 1194 Attorney Fees To Plaintiffs Who Incurred Post-Settlement Fees After Employer Breached The Settlement Agreement Reversed

Cases: Employment, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Because The Fees Provision In The Parties’ Settlement Agreement Did Not Address Fees Incurred Post-Settlement, Plaintiffs Were Entitled To Recovery Under Section 1194, But Only As To Fees Incurred In Conducting Discovery And Litigating To Trial, Not In Enforcing The Settlement Agreement.             In Lorta v. Bishop, Case No. G062166 (4th Dist., Div. 3

Liens For Attorney Fees, Settlement: Attorney Assigned Some Of A Prevailing Party Fee Award Judgment Was Entitled To Remaining Proceeds In A Malpractice Action Settlement After Payment Of Malpractice Counsel’s Contractual Lien

Cases: Liens for Attorney Fees, Cases: Settlement

Opinion Has An Interesting Discussion Of Whether A Suspended Or Disbarred Attorney Can Obtain Assignment Of A Judgment, With The Attorney Structuring The Assignment Correctly.             In Children Solution, LLC v. Altman (Mastroianni), Case No. B317816 (2d Dist., Div. 1 Oct. 31, 2023) (unpublished), plaintiffs lost to defendants in a bench trial, with the defense

Appeal Sanctions, Sanctions, Settlement: No Abuse Of Discretion In Trial Court’s Order Sanctioning Plaintiffs $10,000 For Failure To Execute Settlement Agreement

Cases: Appeal Sanctions, Cases: Sanctions, Cases: Settlement

The Record Reflected That The Parties Agreed In Open Court To Put The Oral Settlement Agreement In Writing And That Deadlines For Payment Of Settlement Funds Would Be Triggered By Full Execution Of The Written Settlement Agreement.             In Tricoast Builders v. Frederick, Case No. B307825 (2d Dist., Div. 6 October 18, 2021) (unpublished), homeowner

Consumer Statutes, Settlement: Attorney’s Fees Award In Lemon Law Case Affirmed As To Settling Party’s Responsibility, With Other Party Not Agreeing To Pay Fees Not Responsible

Cases: Consumer Statutes, Cases: Settlement

Given Merits Judgment Was Paid, Other Party Was Not Responsible For Fees.             The next case we post on, Carter v. Mike Thompson Recreational Vehicles, Case No. G058205 (4th Dist., Div. 3 Sept. 14, 2021) (unpublished), shows how care needs to be given to drafting settlement agreements as far as preserving attorney’s fees exposure to

Fee Clause Interpretation, Settlement: Post-Settlement Fee Efforts Were Not Compensable Under Specifically Crafted Fees Clause Agreed To By The Parties

Cases: Fee Clause Interpretation, Cases: Settlement

About $2.2 Million In Fees, Plus Multiplier, Denied To Plaintiff In Supplemental Fee Request.             Willis v. L.A. County Waterworks Dist. No. 40, Case No. F082766 (5th Dist. May 26, 2021) (unpublished) is an example of where a carefully crafted fees clause in a settlement agreement may govern supplemental fee requests by a claiming party.

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