Cases: Special Fee Shifting Statutes

Special Fee Shifting Statute:  City’s Production Of Photographs And Emails After Court-Ordered Depositions In California Public Records Act Case Merited Fee Recovery

Cases: Special Fee Shifting Statutes

Denial Of Fee Recovery Was Erroneous Because Plaintiff Was Entitled To Fee Under “Catalyst Theory."               “Litigation under the Public Records Act (PRA) (Gov. Code,1 § 6250 et seq.) is one of the rare instances where a losing party may still be deemed a prevailing party entitled to an attorney fee award. This is […]

Prevailing Party/Special Fee Shifting Statute:  Federal False Claims Act Does Allow Prevailing Defendant To Recover Attorney’s Fees For A Subject Matter Jurisdiction Win

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

    Merits Win Not Required, Agreeing With Two Other Decisions As Far As Breadth Of False Claims Act Prevailing Party Definitional Scope.             Dr. Ralph's Pills.  Library of Congress.             In Amphastar Pharmaceutical Inc. v. Aventis Pharma SA, Nos. 14-56382/15-56204 (9th Cir. May 11, 2017) (published), the defense won a

Equity, Sanctions, Section 998, Special Fee Shifting Statute, Allocation:  Unpublished Decisions In Last Few Days Address Multiple Fee Issues

Cases: Allocation, Cases: Equity, Cases: Sanctions, Cases: Section 998, Cases: Special Fee Shifting Statutes

    Equity—Gilotti v. Stewart, Case No. C075611 (3d Dist. April 26, 2017) (Unpublished):  Section 998 Offer, Typo Notwithstanding Valid, and Attorney’s Self Interest Disqualified Fee Recovery.                   In this construction defect lawsuit, plaintiff was ordered to pay a prevailing grading contractor expert fees under CCP § 998, even though the offer said $49,999

Private Attorney General/Special Fee Shifting Statutes: Lower Court Abused Its Discretion In Not Applying Correct Legal Standards In Tax Reassessment Dispute

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

  Remanded For A “Re-Look” Of Fee Denial On Two Grounds.   Ox as “ye oppressed tax-payer” pulling cart of municipal, county, poor, state, courthouse, road, school, and local taxes. George Yost Coffin, creator. 1880-1900. Library of Congress.     Although involving a somewhat complicated probate partnership reassessment dispute where the public agency found the tax appeal

Bankruptcy/Special Fee Shifting Statute: Fifth Circuit Court Of Appeals Affirms Almost $16 Million Criminal Restitution Order To GECC For Legal, Expert, And Consulting Fees In Bankruptcy Fraud Proceedings

Cases: Bankruptcy Efforts, Cases: Special Fee Shifting Statutes

  Basis For Order Was The Mandatory Victims Restitution Act.       Although not a California case, USA v. Lagos, No. 16-20146 (5th Cir. Mar. 23, 2017 revised) (published) was interesting for purposes of illustrating that significant attorney’s fees and related costs can be awarded as part of restitution entered in criminal cases. Lagos involved a

Special Fee Shifting Statute: Failure To Request Attorney’s Fees In Civil Harassment TRO Proceeding Was Not Fatal To Their Award

Cases: Special Fee Shifting Statutes

  Default Judgment Principles Did Not Apply To Fee Recovery.       In Eftekhari v. Ford, Case No. B271555 (2d Dist., Div. 5 Mar. 14, 2017) (unpublished), plaintiff won $8,125 in attorney’s fees against defendant in a civil harassment proceeding based on a fee-shifting statute. On appeal, defendant argued the trial judge lacked authority to award

Prevailing Party/Special Fee Shifting Statute: Plaintiff Was Prevailing Party Under California Public Record Act Proceeding

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Lower Court Erred In Denying Fees/Costs Because PRA Requires Agency To Seek Clarification Of Unclear Request And No Bad Faith Required As PRA Predicate.      In Camou v. Superior Court (City of Montclair), Case No. E066325 (4th Dist., Div. 2 Jan. 13, 2017) (unpublished), the Fourth District, Division 2 issued a Palma-based writ after

Equity/Special Fee Shifting Statute: Dissenting Brother, Who Lost Partition Sale Dispute, Not Erroneously Saddled With Fees And Costs Incurred By Other Prevailing Siblings

Cases: Equity, Cases: Special Fee Shifting Statutes

  Oh, Brother! — Case Illustrates Equitable Principles Are Front And Center In Partition Disputes.     Partition disputes are equitable, with a broad fee-shifting statute in the form of Code of Civil Procedure section 874.040 allowing a trial court broad discretion to equitably apportion fees and costs among the parties to the partition action.    

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