June 28, 2018 Unpublished Decision Now Published. In a June 28, 2018 post, we discussed the LandWatch San Luis Obispo Co. v. Cambria Comm. Serv. Dist., Case No. B281823 (2d Dist., Div. 6) which was an unpublished opinion where the appellate court affirmed a costs award to a public agency to prepare an administrative […]
Maybe, Private Attorney General Fees, Maybe …. The Third District, in National Conference of Black Mayors v. Chico Community Publishing, Inc., Case No. C083956 (3d Dist. July 25, 2018) (published), held that a requester of public records litigating against an officer of a public agency to prevent disclosure of public documents by a public
Plaintiff Wanted Reinstatement of His Driver’s License, But That Did Not Occur—He Only Got A New DMV Remand Revocation Hearing Based On DUI Charges; He Also Did Not Prevail For A Smaller Fee Award Under Government Code Section 800. California’s private attorney general statute, Code of Civil Procedure section 1021.5, has a multi-prong test
However, Lender Was Responsible For Routine Costs As The Non-Prevailing Party. In actuality, this is really a fee-shifting limitation and quasi-legislative limitation on consumer recovery post. “The Holder Rule, 16 Code of Fed. Regs. § 433.2, was prominent in dictating the result in Lafferty v. Wells Fargo Bank, N.A., Case No. C080535 (3d Dist.
Reason For Civil Code Section 8157(d) Reversal Was That Winning Respondent Needed To Show That Nonprofit’s Action Was Frivolous, Unreasonable, And Groundless Under Christiansburg. Proposition “A” Protective Assn. v. Mountains Recreation and Conservation Authority, Case Nos. B272381/B281923 (2d Dist., Div. 1 July 17, 2018) (unpublished) involved a situation where conservation authority sued an oil company
Two Health And Safety Code Fee Shifting Statutes And Indio Municipal Fee Shifting Provision Did Not Provide Bases For Fees/Expenses Against Lender/Receiver. In Kaura v. Stabilis Fund III, LLC/City of Indio (as intervenor), Case No. E065751 (4th Dist., Div. 2 June 13, 2018) (partially published; appealability discussion not published), lender with a deed of
$5 Million In Legal, Accounting, And Consulting Fees Relating To Private Fraud Investigation In Bankruptcy Proceedings Not Recoverable Under The Act. In Lagos v. United States, No. 16-1519 (U.S. Sup. Ct. May 29, 2018), petitioner was convicted of using a company he controlled to defraud a lender of tens of millions of dollars. After the
Appellant Argued Small Claims Special Statutory Prohibition Applied, But It Did Not. We once in a long while get a case involving a small claims matter, which the next case happens to be. These matters, in the fees and costs area, usually focus on whether general CCP routine costs provisions prevail or whether special
Plaintiff Requested $1.3 Million In Fees, But Trial Court Found Lack Of Success Required Steep Discount And No 1.75 Positive Multiplier Justified Where Case Was Not Novel/Was Not That Difficult. Defendant was found liable on several (4) tort counts for sexually abusing his niece when she was between 8-10 (the plaintiff). Before trial, the
Result Is That Matter Is Remanded So Post-Offer Reasonable Fees Can Be Awarded; Both Majority and Concurring Opinions Suggest School Districts Need To Make Their Offers Clear In Nature. The Individuals with Disabilities Education Act (“IDEA”) is a boutique practice involving a federal statute under which parents and school districts can resolve disputes over
