Cases: Special Fee Shifting Statutes – Page 22

News . . . . LA County Pays Attorneys $59 Million In Fees/Costs In 2014-2015 And Two District Judges Assess “Exceptional” Patent Fee-Shifting Awards Against Unsuccessful Patent Plaintiffs

February 3, 2016

L.A. County Attorney Payment Statistics Are Out For 2014-2015. For 2014-2015, Los Angeles County paid $59 million for attorney’s fees and costs to both in-house and outside counsel, a 7% increase from the prior year. For matters going to trial, the County won 64% of the time, although many cases were settled. The […]

Special Fee Shifting Statute: United Riggers Decision Certified For Publication

Cases: Special Fee Shifting Statutes

December 18, 2015

Prompt Payment Dispute Led To Reversal Of Fortune Against Formerly Prevailing Contractor. On December 5, 2015, we posted on United Riggers & Erectors, Inc. v. Coast Iron & Steel, a Second District, Division 1 decision which was issued November 23, 2015 as an unpublished opinion. It reversed a prompt payment retention win by

Special Fee Shifting Statute: Plaintiff Obtaining Postlitigation Production Of Documents Under California Public Records Act Was Entitled To Fee Recovery

Cases: Special Fee Shifting Statutes

December 5, 2015

$260,608 Fee Award Affirmed Despite Narrow Earlier Loss On Writ Petition. California’s Public Record Act (CPRA), Government Code section 6259(c), has a fee shifting provision mandating attorney’s fees to be awarded to a prevailing party plaintiff in a CPRA case. (Fees can be awarded against plaintiff and in favor of the public agency

Special Fee Shifting Statute: Small Claims Fee Recovery, Unless Matter Is Frivolous, Is Capped At $150 For De Novo Hearing Win

Cases: Special Fee Shifting Statutes

October 25, 2015

We Predicted This Result In Our February 19, 2014 Post On The Issue. Way back in February 19, 2014, we did a post on small claims fee recovery, predicting that the $150 cap for fee recovery for a small claims fee litigant winning after a superior court de novo hearing would “trump” a

Special Fee Shifting Statute: $152.120 Fee Recovery In Favor Of LAPD And Against Civil Rights Losing Plaintiff Affirmed On Appeal

Cases: Special Fee Shifting Statutes

August 21, 2015

Failure To Oppose Fee Request Sealed The Deal. In Wofford v. Hollicks, Case No. B254518 (2d Dist., Div. 8 Aug. 20, 2015) (unpublished), an in pro per plaintiff brought a civil rights action based on a car impounding against the LAPD. He lost a summary judgment motion and did not oppose a request for

Allocation/Special Fee Shifting Statute: Plaintiff Winning Breach Of Lease And Fraudulent Transfer Claims Only Allowed Fees For Lease Breach Claim

Cases: Allocation, Cases: Special Fee Shifting Statutes

August 4, 2015

Award Of $101,154 Out Of Requested $337,180 In Fees Affirmed On Appeal. Plaintiff prevailed on both breach of lease and fraudulent transfer claims against the defense, with the lease having a fees clause allowing for recovery of fees geared to “enforce” the contract. When it came time to move for attorney’s fees, plaintiff

Special Fee Shifting Statute: Civil Harassment Prevailing Litigant Denied Appellate Fees And Costs In Heated Dispute Between Neighbors Over Defecating Dog

Cases: Special Fee Shifting Statutes

July 30, 2015

Above: The Sweet Prospect Behind Us, 1789. Library of Congress. Both Parties To Blame, So No Appellate Fees To Prevailing Party Upon Review. Pets and animals seem to foster a lot of litigation—and, believe me, co-contributors Marc and Mike love their dogs. The next one is for you dog lovers, but the facts should

Special Fee Shifting Statute: Law Offices Of Marc Grossman Case Now Published 4/2 DCA Decision on Trope Prohibition in CPRA Context Is On The Books!

Cases: Special Fee Shifting Statutes

July 27, 2015

On June 27, 2015, we posted on Law Offices of Marc Grossman, a Fourth District, Division 2 unpublished decision which held the Trope prohibition for recovery of attorney’s fees was not applicable to a California Public Records Act (CPRA) petition. We can now report that the decision was certified for publication on July

Special Fee Shifting Statute: $17,250 Fee Award To Civil Harassment Prevailing Litigant Affirmed On Appeal

Cases: Special Fee Shifting Statutes

July 3, 2015

Defendant Prevailed, After Acrimonious Email Battle Involving His Wife Who Was The Losing Plaintiff’s Former Wife. Plaintiff, Mr. Grier, former husband of Nancy Truong, filed a civil harassment petition against Ms. Truong’s current husband, Mr. Baturyn. Needless to say, emotions ran high. Even though plaintiff obtained some discovery and an initial TRO, he

Special Fee Shifting Statute: Law Firm Denied Fee Recovery Under California Public Records Act Get Redeemed On Appeal

Cases: Special Fee Shifting Statutes

June 27, 2015

Trope Prohibition Inapplicable to Public Records Act Request. In Law Offices of Marc Grossman v. Victor Elementary School Dist., Case No. E059579 (4th Dist., Div. 2 June 26, 2015) (unpublished), a law firm representing a student of defendant elementary school sought public records reflecting the amount of money spent defending student’s assault action.