Cases: Special Fee Shifting Statutes

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      In HR Management Corp., Inc. v. County of Contra Costa, Case No. A139841 (1st Dist., Div. 5 May 29, 2014) (unpublished), plaintiff company losing a services contract to two other businesses filed a request under the California Public […]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      Winning litigant in Sanders v. Garfield Langmoir-Logan, Case No. G048524 (4th Dist., Div. 3 May 14, 2014) (unpublished) won an elder abuse claim, which has a fee-shifting statute in favor of the prevailing party under Welfare and Institutions Code section 15657.5(a).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

Civil Rights FEHA/Family Law/Special Agricultural Fee Shifting Statute/Trespass Dominate Unpublished Decisions For January 15, 2014

Cases: Civil Rights, Cases: Family Law, Cases: Special Fee Shifting Statutes, Cases: Trespass

  Civil Rights FEHA: Chiang v. County of Los Angeles, Case No. B238948 (2d Dist., Div. 1 Jan. 15, 2014) (Unpublished).      County won summary judgment but appealed the lower court’s refusal to award it requested attorney’s fees of $324,098.80 as the prevailing party. The appellate court affirmed the conclusion that fees are not guided

Special Fee Shifting Statute: Successful Brown Act Winner Accomplishing “Very, Very Little–If Anything” Properly Denied Fee Recovery

Cases: Special Fee Shifting Statutes

  Special Circumstances Were Shown in This One.      Plaintiff/petitioner in Citizens for Open and Public Participation v. City of Montebello, Case No. B244106 (2d Dist., Div. 5 Dec. 23, 2013) (unpublished) sought writ relief for closed session Brown Act violations, with the lower court finding some violations but ultimately denying writ relief and petitioner’s

Special Fee Shifting Statute: Litigant Winning Civil Harassment Restraining Order Dispute On Appeal Remanded To Trial Court To Fix Fees

Cases: Special Fee Shifting Statutes

  Appellate Court Deferred to Trial Court.      In a very frequent occurrence, the appellate court in Brown v. Evpak, Case No. C069590 (3d Dist. Dec. 3, 2013) (unpublished) did what we have seen in the past with respect to these types of disputes. After affirming a case with a civil harassment fee-shifting statute, it

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