Only $6,000 At Issue, But Fee Award Overturned On Appeal. In Giradi & Keese v. City of Los Angeles, Case No. B229594 (2d Dist., Div. 5 Sept. 14, 2011) (unpublished), plaintiff’s counsel got hit with an adverse $6,000 fee award in favor of City of Los Angeles under Code of Civil Procedure section […]
Defense Alone Would Not Result in Fee Exposure, but Frivolous Counterclaim Did Open Up Exposure. Under the Petroleum Marketing Practices Act (PMPA), a franchisee can be subjected to an attorney’s fees award in favor of a franchisor if franchisee brought a frivolous PMPA action. (15 U.S.C. § 2805(d).) However, what happens if the
Court of Appeal Affirms Fee Denial Under Special Shifting Provision and Private Attorney General Statute. After winning a tax refund issue relating to California tax treatment of repatriated dividends paid by certain of its subsidiaries, Apple, Inc. moved to recover attorney’s fees of $683,492.73 from the State on two independent grounds. The trial
$1.5 Million Fee Exposure Was Nonexistent Such That Indemnity Rights Issue Did Not Impact Good Faith Settlement Analysis. In PacificCare of California v. Bright Medical Associates, Inc., Case No. G041507 (4th Dist., Div. 3 Sept. 2, 2011) (certified for publication), Acting Presiding Justice Aronson affirmed a good faith settlement determination after deciding on
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 A124033/A125811 (lst Dist., Div. 4 Aug. 9, 2011) (unpublished) dealt with a case where a winning subcontractor–entitled to fee recovery under the prompt payment statute codified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 B219022/B222822 (2d Dist., Div. 7 Aug. 9, 2011) (unpublished), plaintiff was SLAPPed and lost a summary adjudication of a landlord-tenant dispute in which the lower court granted attorney’s fees of $71,500 to present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
