Cases: Special Fee Shifting Statutes

Reasonableness Of Fees, Special Fee Shifting Statutes: $53,527 In Attorney’s Fees To Winning Neighbor In Civil Harassment Restraining Order Proceeding Was Affirmed On Appeal

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Lower Court Did Reduce The Requested Fees By About 30%. A neighbor won a civil harassment restraining order proceeding in Judson v. Tait, Case No. B346920 (2d Dist., Div. 6 July 14, 2026) (unpublished), subsequently requesting prevailing party fees of $76,467 under a fee-shifting statute in this area.  The lower court reduced the request by […]

Reasonableness Of Fees, Special Fee Shifting Statutes: Although The Immigration Consultants Act Does Allow For Fee Recovery, The Lower Court Did Not Err In Reducing $40,725 Fee Request Down To $5,885.66

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Reductions Fell Within The Deferential Standard Of Review For Fee Requests Under The Record In The Case Where A Fee Request Was Perceived As Excessive. The next case, Immigrants Rights Defense Council, LLC v. Sklar, Case No. B343410 (2d Dist., Div. 5 July 9, 2026) (unpublished), shows that even though a litigant gets beyond a

Special Fee Shifting Statutes: Civil Harassment Petition Dismissed Without Prejudice Did Trigger Attorney’s Fees Under CCP § 527.6

Cases: Special Fee Shifting Statutes

$12,500 In Attorney’s Fees Was The Result. In Loew v. Robinson, Case No. B346996 (2d Dist., Div. 6 June 22, 2026) (unpublished), a litigant dismissing a civil harassment restraining order, after obtaining a liminal temporary restraining order, was assessed $12,500 in attorney’s fees under CCP § 527.6 under a discretionary fee-shifting statute as against the

Prevailing Party, Receivers, Special Fee Shifting Statutes: Sisters Escaping Liability To County/Receiver In State Housing Law Abatement Receivership Were Entitled To Fees Under Health & Safety Code Section 17980.7(c)(11)—They Were Prevailing Parties

Cases: Prevailing Party, Cases: Receivers, Cases: Special Fee Shifting Statutes

More Generalized H&S Code Section 17984 Did Not Trump More Specific, Recently Enacted Statute, With Sisters Being The Parties Obtaining Their Specific Litigation Objectives Although The County Did Somewhat Prevail On More Tangential Issues. In County of Del Norte v. Britt, Case No. A173145 (1st Dist., Div. 3 June 11, 2026) (partially published; fee discussion

Appealability, Prevailing Party, Special Fee Shifting Statutes:  Because Order Taking A Civil Harassment Petition Off Calendar Was Not An Appealable Order, Denial Of Attorney’s Fees To Defense Had To Be Remanded To See If There Was A Prevailing Party

Cases: Appealability, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Whether A Prevailing Party Even Exists Should Be Determined By The Lower Court, But The Fee Motion Was Timely. In Raheb v. Williamson, Case No. B343023 (2d Dist., Div. 6 May 4, 2026) (unpublished), petitioner sought to obtain a temporary restraining order against defendant, a condominium community fellow resident.  This request was denied pending a

Special Fee Shifting Statutes: CCP § 473(a) Does Not Allow A Lower Court To Award Attorney’s Fees As A Condition Of Allowing An Amendment To Pleadings

Cases: Special Fee Shifting Statutes

4/1 DCA Disagreed With Treatise Commentary And An Older, Antiquated Supreme Court Case To The Contrary. In Amezcua v. Superior Court, Case No. D087216 (4th Dist., Div. 1 Apr. 24, 2026) (published), the appellate court reversed a $25,000 sanctions award under CCP § 473(a) to the extent it conditioned payment of attorney’s fees as a

Interest, Special Fee Shifting Statutes: In A False Claims Act Case, Postjudgment Interest Ran From The Date Of A Fees Award, Not An Earlier Order Confirming A Settlement

Cases: Interest, Cases: Special Fee Shifting Statutes

Earlier Order Did Not Qualify As A Money Judgment. Agreeing and disagreeing with some other circuits, the Ninth Circuit in Thrower v. Academy Mortgage Corp., No. 24-6247 (9th Cir. Apr. 6, 2026) (published) held that postjudgment interest on a False Claims Act attorney’s fees award under 28 U.S.C. section 1961(a) runs from the order awarding

Multipliers, Special Fee Shifting Statutes: Ninth Circuit Reverses and Remands A Multiplier Award In A False Claims Case, Disagreeing On The Merits Of The Award, But Agreeing That The Reason For The Enhancement Was Not Specific Enough.

Cases: Multipliers, Cases: Special Fee Shifting Statutes

Dissenting Circuit Judge M. Smith concluded that the district court acted within its discretion in determining this case to be “rare and exceptional” and thereby justifying such an enhancement.  In must reading for attorneys seeking positive enhancements for a federal case in the Ninth Circuit, Thrower v. Academy Mortgage Corp., Case No. 34-4103 (9th Cir.

Special Fee Shifting Statutes: $6,000 Fee Award To Prevailing Respondent In CHRO Proceeding Was No Abuse Of Discretion Under CCP § 527.6

Cases: Special Fee Shifting Statutes

Respondent’s Counsel Discounted His Fees; And, While Inability to Pay Is Not A 527.6 Factor, The Lower Court Did Take It Into Account By Allowing The Fee Award Payments To Be Made Over 30 Months. In Naeini v. Leuchter, Case No. B341481 (2d Dist., Div. 7 Mar. 26, 2026) (unpublished), petitioner lost a civil harassment

Costs, Requests For Admission, Special Fee Shifting Statutes: In A Complex Water Diversion/Trespass Case, 2/7 DCA Affirms Costs Award To Defendant City, Affirms Denial Of Supplemental Fees And Costs To City Under CCP §§ 1038 & 2033.420, And Reverses Costs Award To Defendant Water Committee Based On Reversing A Judgment In Its Favor

Cases: Costs, Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

Acting Presiding Justice Segal Penned The 3-0 Opinion On Various Merits, Costs, And Fee Issues In A 74-Page Opinion. In Beecham v. City of Azusa, Case No. B33843 (2d Dist., Div. 7 Mar. 23, 2026) (unpublished), deceased trustee, through a substituted personal presentative, sued two City entities (City), an irrigation company, and a water committee

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