Second District Issues Two Opinions With Very Different Lessons. Bier v. Grodsky & Olecki, Case No. B204887 (2d Dist., Div. 8 June 4, 2009) (Unpublished) In this one, plaintiff lost an anti-SLAPP motion striking numerous causes of action based on the absolute litigation privilege of Civil Code section 47 (a very potent basis for […]
Orange County Superior Court Judge Colaw So Rules. In our May 4, 2009 post, we discussed a fee battle brewing in Orange County Superior Court after St. James Church’s SLAPP motion eventually lost in a case against the Episcopal Diocese of Los Angeles. That battle has now taken place so that we can
$9,387.50 Appellate Fees Awardable After Appeal Court Dismisses Appeal Without Written Decision. Stevens v. Paul, Case No. A122993 (1st Dist., Div. 2 May 18, 2009) (unpublished) confronted an unusual procedural situation: plaintiff lost a SLAPP motion (hit with $5,155 in fees); appealed and lost in a summary non-written dismissal order; plaintiff was assessed further
Citizens Group Awarded Over $175,000 in Fees For Successful Attack of Santa Barbara Proposed Housing Project. Citizens Planning Association (CPA) were awarded over $175,000 in attorney’s fees ($117,228 lodestar, based on four attorneys charging $350 an hour, plus a $60,000 multiplier add-on) for successfully attacking the City of Santa Barbara’s environmental analysis of the
Fourth District, Division 3 Finds Sufficient Substantiation in Attorney Declaration Attesting to Actual Number of Hours Worked and Attorney’s Billing Rate. Many practitioners might think that itemized billing statements and evidence on reasonableness of rates/hours expended are essentials in a fee petition proceeding. Although highly advisable, the next case reinforces that such detailed substantiation
Second District, Division 7 Issues Two Unpublished Opinions on SLAPP. In our category “SLAPP,” we have explored cases where defendants have been victorious in winning mandatory attorney’s fees awards after prevailing in anti-SLAPP motions. The statutory basis for such fee entitlement is Code of Civil Procedure section 425.16(c). Division 7 of the Second District
Dalis v. Reinhard, Case No. H031637 (6th Dist. Apr. 8, 2009) (unpublished). In this one, defendant was awarded $353,607.96 in attorney’s fees when he prevailed on 12 of 13 causes of action in an action brought by a Trust upon a nonrecourse promissory note with a fees clause. Defendant did prevail, and the merits
Attorney’s Fee Awards In the News—One Entertainment Case Whooper and Two Smaller Ones $14 Million Fee Award – Entertainment Dispute. Los Angeles County Superior Court produced one of the largest fee awards we know of (with a recent article on the award suggesting it is the biggest ever)–$14 million. Well-known author Clive Cussler
Result Occurs in Unpublished Opinion by Fourth District, Division 2 POOF! strikes again. A trial court in Levy v. Pearson, Case No. E044934 (4th Dist., Div. 2 Apr. 3, 2009) (unpublished) granted defendant’s anti-SLAPP motion (which carries a mandatory award of fees in such a situation) and later awarded defendant $13,965 in
Fee Award Gets Affirmed Automatically If No Other Challenge Is Made Apart From Rejected Underlying Merits Arguments. Eureka! is likely the cry when a merits judgment is affirmed and no challenge is otherwise made to a fee award. Birkner v. Lam, Case No. 121981 (1st Dist., Div. 3 Mar. 30, 2009) (unpublished) was
