Cases: Special Fee Shifting Statutes

Intervenors, Prevailing Party, Private Attorney General, Special Fee Shifting Statutes: Intervenor Residential Group Were Not Successful For CCP § 1021.5 Fee Recovery Purposes Because They Lost Their Pragmatic Goal Of Stopping A Development Project

Cases: Intervenors, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

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 B291111/BS168564 (2d Dist., Div. 3 June 19, 2020), unpublished at the time.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 […]

Intervenors, Prevailing Party, Private Attorney General, Special Fee Shifting Statutes: Trial Court’s Prevailing/Successful Party Determination For Purposes Of Costs And Attorney Fees Award Affirmed On Appeal

Cases: Intervenors, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

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             Redondo Beach Waterfront v. City of Redondo Beach, Case No. B291111 (2d Dist., Div. 3 June 19, 2020) (unpublished), involved renovation of an existing 150,000 square foot building and a new 400,000 square foot waterfront development in the

Reasonableness Of Fees, Special Fee Shifting Statute: $9,200 Attorney’s Fees Award In Venue Transfer Situation Sustained On Appeal

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

Reason Was That Both A Surrogacy Agreement Venue Provision And Factual Circumstances Showed The Matter Needed To Be Resolved In Transferee Venue.             In Omega Family Global, Inc. v. Doe, Case No. D075358 (4th Dist., Div. 1 June 17, 2020) (unpublished), defendants were granted a venue transfer motion from San Diego to Riverside where a

Family Law, Special Fee Shifting Statute: Intermediate Appellate Courts Issue Several Family Law Or Neighborhood Disputes Opinions Where Fee Requests Were Granted Or Denied In Unpublished Decisions—Abuse Of Discretion Standard Guided All Of Them.

Cases: Family Law, Cases: Special Fee Shifting Statutes

1.         Marriage of Harcke, Case No. B288727 (2d Dist., Div. 7 June 16, 2020) (unpublished).             In this case, father was sanctioned for $15,400 in attorney’s fees for failure to be cooperative in settlement negotiations under Family Code section 271.   That was no abuse of discretion given that he “out of hand” and

Sanctions, Special Fee Shifting Statutes: Prevailing CPRA Petitioner Properly Denied Fees Under Mandatory Fee-Shifting Statute And Under Code Civ. Proc. Section 128.5 Based On Her Self-Represented Status

Cases: Sanctions, Cases: Special Fee Shifting Statutes

Prevailing Petitioner Was Not Represented By Legal Counsel And Did Not Incur Or Become Liable For Attorney Fees.             In Drevaleva v. Alameda Health Sytem, Case No. A158282 (1st Dist., Div. 4 May 29, 2020) (unpublished), the trial court denied prevailing CPRA (California Public Records Act) petitioner’s requests for attorney’s fees, under Gov.

Costs, Special Fee Shifting Statute: Governmental Entity Could Not Charge Redaction Expenses As “Data Extraction” Costs Under The Public Records Act

Cases: Costs, Cases: Special Fee Shifting Statutes

Two Provisions Had To Be Harmonized To Get To The Holding.             In National Lawyers Guild v. City of Hayward, Case No. S252445 (Cal. Supreme Court May 28, 2020) (published), the California Supreme Court decided that City was not allowed to charge a Public Records Act requestor the expenses of redacting statutorily-exempt information because those

Construction, Special Fee Shifting Statutes: Contract Between The Parties Not Required For Awarded Code Civ. Proc. § 1032 Fees Of $2,114,434 And Costs Of $104,498 Against Real Estate Agent Defendant For Violations Of Bus. & Prof. Code § 7160

Cases: Construction, Cases: Special Fee Shifting Statutes

Defendant Had Fraudulently Induced Plaintiff To Enter Into Contract With Defendant’s Associates For Home Renovation Work.             Bus. & Prof. Code § 7160 allows for an award of reasonable attorney’s fees, in addition to penalties and damages, to “[a]ny person who is induced to contract for a work of improvement, including but not limited

Employment, Special Fee Shifting Statutes, Undertaking: 1/4 DCA Affirms Labor Code § 98.2 Attorney Fees Award In Favor Of Employees Retaining Labor Commissioner’s Award After Employer’s Notice Of Appeal Dismissed

Cases: Employment, Cases: Special Fee Shifting Statutes, Cases: Undertaking

Appeal To Superior Court Of Labor Commissioner’s Ruling Was Dismissed For Employer’s Failure To Post The Required Undertaking Or Otherwise Obtain A Waiver Of Same.             Labor Code section 98.2(c) provides for costs and reasonable attorney’s fees against the unsuccessful party appealing a decision of the Labor Commissioner to the superior court.  Rather than

Celebrities, Prevailing Party, Special Fee Shifting Statute: Nevada Supreme Court Adopts “Catalyst Theory” For Purposes Of Awarding Attorney’s Fees And Costs Under The Nevada Public Records Act

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

Public Records Request Related To Las Vegas Murder Of American Rap Artist Tupac Shakur; California, Too, Has Adopted This Theory Under The California Public Records Act.             In Las Vegas Metropolitan Police Dept. v. The Center for Investigative Reporting, Inc., No. 77617, 136 Nev. Advance Opinion 15 (Nev. Sup. Ct. Apr. 2, 2020), the Nevada

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