Cases: Special Fee Shifting Statutes

Deadlines/Judgment Enforcement/Special Fee Shifting Statute (Elder Abuse): California Supreme Court “Splits The Baby” On Deciding If Appellate Fees For Elder Abuse And Fraudulent Transfer Claims Are Subject To Deadline Of Being Claimed Before Judgmen

Cases: Deadlines, Cases: Judgment Enforcement, Cases: Special Fee Shifting Statutes

Answers:  “No” on Elder Abuse; “Yes” on Fraudulent Transfer.             In Conservatorship of McQueen, Case No. S209376 (Cal. Supreme Court July 7 2014), the California Supreme Court faced an interesting timing issue as to when appellate fees must be filed for and sought in a post-judgment enforcement situation.  Specifically, the plaintiff prevailed on both elder […]

Probate/Special Fee Shifting Statute: $4,812 Venue Denial Order Properly Assessed Against Attorney In Probate Case

Cases: Probate, Cases: Special Fee Shifting Statutes

Bad Faith Not Required, But Found and Sustained On Appeal. ​The interesting thing about this blog is that we, the co-contributors, learn something each day. ​Here is what we learned in the probate dispute of McDonnell v. Jarvis, Case No. H037704 (6th Dist. June 30, 2014) (unpublished), after we briefly summarize the case. The probate

Allocation/Prevailing Party/Reasonableness Of Fees/Special Fee Shifting Statute: Two Tenants Recovering Fees Of $184,330.40 In Tenant Ordinance Dispute Keep Them On Appeal Against Landlord Defendants

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

  Fee Award Did Not Have To Be Proportional To $45,441 Jury Verdict Recovery.      In Ochoa v. San Juan, Case Nos. A130993/A131051 (1st Dist., Div. 2 June 9, 2014) (unpublished), the appellate court considered the review of a $184,330.40 to two tenants under a tenant ordinance/ local proposition with prevailing party provisions even though

Special Fee Shifting Statute: Company’s Request For Attorney’s Fees Under California Public Records Act Properly Denied Where Company Did Not Prevail

Cases: Special Fee Shifting Statutes

  County Produced Documents It Promised to Produce, So Company Was Not a Catalyst Behind Production.      In HR Management Corp., Inc. v. County of Contra Costa, Case No. A139841 (1st Dist., Div. 5 May 29, 2014) (unpublished), plaintiff company losing a services contract to two other businesses filed a request under the California Public

Allocation/Special Fee Shifting Statute: Winning Litigant Under Elder Abuse Claim Garners $156,346 In Attorney’s Fees

Cases: Allocation, Cases: Special Fee Shifting Statutes

  No Apportionment Required Because Everything Involved Same Facts/Misconduct Allegations.      Winning litigant in Sanders v. Garfield Langmoir-Logan, Case No. G048524 (4th Dist., Div. 3 May 14, 2014) (unpublished) won an elder abuse claim, which has a fee-shifting statute in favor of the prevailing party under Welfare and Institutions Code section 15657.5(a). The lower court

Special Fee Shifting Statute: State/Local Services Prevailing Claimant Can Obtain Attorney’s Fees For Superior Court Mandate Proceedings, But Not Administrative Hearing Costs

Cases: Special Fee Shifting Statutes

  Welfare and Institutions Code Section 10962 Fee-Shifting Provision At Issue.      In K.I. v. Wagner, Case No. D063822 (4th Dist., Div. 1 May 2, 2014) (published), the Fourth District, Division 1 appellate court decided that state/local social service claimants denied benefits at an administrative level, but winning in a superior court mandate proceeding, are

Special Fee Shifting Statute: Second Circuit Federal Decision Clarifies Factors To Be Used In Awarding Attorney’s Fees In ERISA Cases

Cases: Special Fee Shifting Statutes

  Once Some Degree of Success in Shown, Fee Claimant Must Satisfy Some Elements of Multi-Factored Test For Discretionary Fee Award.      Pretty recently, the Second Circuit Court of Appeals in Donachie v. Liberty Life Assurance Co. of Boston, 2014 WL 928971 (2d Cir. Mar. 14, 2014), had to decide what factors are used to

Special Fee Shifting Statute: Felony Drunk Driving Civil Fee Shifting Statute Justified $65,970 Fee Award In Car Accident Case

Cases: Special Fee Shifting Statutes

  Trial Court Did Not Abuse Discretion in Fixing Fee Award Even Though Both Drivers Were Intoxicated In Accident.      Dueling intoxicated car drivers had an interesting fee-shifting dispute in a civil case. What occurred in McBeath v. Bustos, Case No. B246122 (2d Dist., Div. 4 Mar. 18, 2014) (unpublished) was that plaintiff (who was

Costs/Special Fee Shifting Statute/Small Claims: Are Legal Consultation Expenses Recoverable As Fees For A Prevailing Party In A Small Claims Action?

Cases: Costs, Cases: Special Fee Shifting Statutes

  Answer: No Case On The Issue We Are Aware Of, But We Will Give Our Guess.      A blog follower asked us if a small claims prevailing party can collect legal consultation expenses as “cost of the action” after prevailing—an apparent claim often made by winning small claims litigants.      We could not locate

Prevailing Party/Special Fee Shifting Statute: Plaintiff Losing Against Defendant Properly Exposed To Adverse Fee Award Under Mobilehome Residency Law

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Arose Is Arose Is Arose Is Arose Gertrude Stein.  Carl Van Vechten, photographer.  1935.  Library of Congress. “Arose From” Language Encompassed Other Claims; Losing Plaintiff Did Not Prevail Given Specific Prevailing Party Definition Under Statute.      In the fee area, one needs to pay particular attention to the wording of a specific fee-shifting statute. The

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