Judge James C. Chalfant Orders Sheriff’s Department to Pay $173,000 in Fees in Public Records Act Lawsuit. In the August 31, 2011 online edition of the LA Times, Victoria Kim reports that Judge Chalfant has ordered the LA County Sheriff’s Department to pay nearly $173,000 in legal fees to the LA Times incurred in […]
Contract Having “Each Side Bear Fees” Provision Did Not Trump Statutory Fee Recovery. The appellate court in Cleveland Wrecking Co. v. West Bay Builders, Inc., Case Nos. A124033/A125811 (lst Dist., Div. 4 Aug. 9, 2011) (unpublished) dealt with a case where a winning subcontractor–entitled to fee recovery under the prompt payment statute codified
SLAPP Appeal Did Not Stay Fee Motion and Block Billing Challenge Rejected. In Mangine v. Steier, Case Nos. B219022/B222822 (2d Dist., Div. 7 Aug. 9, 2011) (unpublished), plaintiff was SLAPPed and lost a summary adjudication of a landlord-tenant dispute in which the lower court granted attorney’s fees of $71,500 to present landlord under
District Judge Used Wrong Legal Standards, Failing to Look at Defendant’s Conduct in Examining Request. Plaintiffs won a Lanham Act claim by obtaining an injunction (but no damages) against defendants, who run a DMV for-profit website that was found to have unlawfully fostered the belief that it was run or endorsed by the
Appellate Court Finds Statutory Mandate is Clear. This one shows how appellate court will enforce statutes as written. The Mobilehome Residency Law has an attorney’s fees and costs provision in Civil Code section 798.85, which requires an award of fees and costs to a prevailing party–with prevailing party defined as one who
First District, Division 4 Adds to State False Claims Act Fee Shifting Jurisprudence. In our June 6, 2011 post, we explored the Second District, Division 6’s recent decision in County of Kern v. Jadwin, where Justice Yegan on behalf of a unanimous panel discussed the California False Claims Act (“CFCA”) (explained, along with
Condition Was Too Much of a Sanction, Because Fees Not Causally Related to Cross-Complaint Filing. In a convoluted fee dispute between former client and attorney, the trial court granted attorney leave to file a cross-complaint, but conditioned on attorney paying client some $80,000 to compensate her for attorney’s fees she incurred in preparing
Consent Judgment Was Silent On Issue, Allowing For Fee Award. In City of Live Oak v. Oliveira, Case No. C063700 (3d Dist. July 15, 2011) (unpublished), City of Live Oak obtained civil penalties against three defendant trust properties in a nuisance abatement action. Even though the parties reached a consent judgment dealing with
“Crack House” Costs Provision is the Fee Entitlement Basis; Amount of Fee Award is $138,067.10. Well, California is well known as surfer paradise and also well known for its marijuana smoking population (residents who have or have not inhaled). In this vein, enjoy this one with us. Beach Cities Collective, a medical-marijuana
Second District, Division 6 Uses Analogous Federal Case Law in Reaching Result. Under the False Claim Act (Gov Code, § 12650 et seq.), former section 12652(g)(9) provided that a trial court may award the prevailing defendant attorney’s fees if “the claim was clearly frivolous, clearly vexatious, or brought for purposes of harassment.” (Now, the
