Cases: Special Fee Shifting Statutes

Appealability, Receivers, Special Fee Shifting Statutes: Grant Of Attorney’s Fees And Expenses To City Of Indio And Against Property Lender/Receivership Estate In Public Abatement Action Reversed As A Matter Of Law

Cases: Appealability, Cases: Receivers, Cases: Special Fee Shifting Statutes

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 […]

Special Fee Shifting Statute: SCOTUS Decides That Mandatory Victims Restitution Act Of 1996 Does Not Allow For Reimbursement Of Legal, Accounting, And Consulting Fees Related To Private Investigations Of Alleged “Fraudsters” In Non-Criminal Proceedin

Cases: Special Fee Shifting Statutes

$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

Costs, Special Fee Shifting Statute: Superior Court Properly Awarded General CCP § 1032 Prevailing Party Dismissal Routine Costs Totaling $1,010 In Dismissed, Transferred Small Claims Action

Cases: Costs, Cases: Special Fee Shifting Statutes

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

Special Fee Shifting Statute: Trial Court Did Not Abuse Its Discretion In Awarding $95,000 in Attorney’s Fees To Plaintiff Under CCP 1021.4, Discretionary Fee-Shifting Provision Where Civil Cases Involves Defendant’s Felony Offense(s).

Cases: Special Fee Shifting Statutes

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

Settlement, Special Fee Shifting Statute: Ten-Day Settlement Offer Under IDEA Not Specifying Whether School District Would Pay Disabled Student’s Pre-Offer Attorney’s Fees And Costs Justified Parent In Rejecting Offer

Cases: Settlement, Cases: Special Fee Shifting Statutes

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

Deadlines, Special Fee Shifting Statutes: Although Timely Filed, Motion For Defense Costs Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment Motion

Cases: Deadlines, Cases: Special Fee Shifting Statutes

Section 1038 Deadlines Are Not Jurisdictional In Nature.             Code of Civil Procedure section 1038 allows an award of defense costs to a public entity that prevails on a frivolous lawsuit by means of a dispositive motion (such as a motion for summary judgment) if the public entity so moves “before the discharge of the

Special Fee Shifting Statute:  District Judge Can Award Fees And Costs Against Party If Its Decision To Remove Was Objectively Unreasonable

Cases: Special Fee Shifting Statutes

That Was So In This Case Because Fraudulent Joinder Argument Lacked Merit Under The Circumstances.             Under 28 U.S.C. § 1447(c), a district judge has discretion to award costs and attorney’s fees against a party if the removing party lacked an objectively reasonable basis for seeking removal, in the absence of unusual circumstances.             The

Private Attorney General/Special Fee Shifting Statute:  L.A. Times Improperly Denied Private Attorney General Fees Against Officers/Police Officer Union And Properly Granted Fees Under Public Record Act As Against City Of Pasadena

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

Trial Court’s Award Of $45,472 To Times Under PRA Affirmed On Appeal, With Times Now Getting To Seek Reasonable Fees Against Officers/Police Union Under CCP § 1021.5.             Pasadena Police Officers Assn. v. City of Pasadena, Case No. B275566 (2d Dist., Div. 1 Apr. 12, 2018) (published) was a situation where the L.A. Times brought

Special Fee Shifting Statutes:  Doctor Who Successfully Obtained Grant Of Application Relating To An Office Being A Medi-Cal “Established Place Of Business” Improperly Denied Fee Recovery Under CCP § 1028.5

Cases: Special Fee Shifting Statutes

Result Was A Reversal And Grant Of $7,500 In Maximum Allowable Fees Under § 1028.5.             CCP § 1028.5 is one of those special California fee-shifting statutes, which in this instance provides that a small business or licensee prevailing in an action against a statute regulatory agency can recover a maximum attorney’s fees award of

Allocation, Equity, Special Fee Shifting Statute:  Prevailing School District Properly Awarded $113,216 In Attorney’s Fees Under Public Contract Code Section 7107

Cases: Allocation, Cases: Equity, Cases: Special Fee Shifting Statutes

Public Prompt Payment Statute Allows For Recovery Of Fees By Prevailing Party.             Public Contract Code section 7107 allows the prevailing party to recover attorney’s fees and costs in a suit alleging that a public entity or contractor wrongfully withheld retention payments required to be distributed in a timely manner.  This fee statute is bilateral

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