Cases: Special Fee Shifting Statutes

Prevailing Party, Special Fee Shifting Statutes: Court Of Appeal Reverses, As A Matter Of Law, Fee Denial To Mobile Home Park Because Voluntary Dismissal By Plaintiff Of MRL Claims Made Mobile Home Park A Prevailing Party

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

On Remand, Reasonableness Of Fees And Allocation On MRL Claims Were The Charge Of The Lower Court.                In Stooksberry v. El Rova Mobile Home Park, LLC, Case No B329202 (2d Dist., Div. 1 May 29, 2024) (unpublished), plaintiff resident dismissed a complaint alleging late payment of rent, fee increases, and other claims arising under […]

Deadlines, Special Fee Shifting Statutes: City Obtaining Preliminary Injunction As To Public Nuisance On Marijuana Dispensaries Was Entitled To Attorney’s Fees, But Not Costs

Cases: Deadlines, Cases: Special Fee Shifting Statutes

No Costs Memorandum Was Required To Seek Fees, But City Failure’s To File Did Bar It From Obtaining Costs—Kaufman Decision Found Applicable To Statutory Fee Request.                In Green Lotus Entertainment, Inc. v. City of Montclair, Case No. E079531 (4th Dist., Div. 2 May 16, 2024) (unpublished), City obtained a preliminary injunction against certain cross-defendants,

Reasonableness Of Fees, Special Fee Shifting Statutes: $47,513.67 Fee Award To Hospital and Medical Staff Affirmed On Appeal In Peer Review Proceeding

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

$71,270.50 Request, Reduced, Was Proper, With Appellant’s Technical Arguments Rejected.                In Nowzari v. Torrance Memorial Medical Center, Case No. B321862 et al. (2d Dist., Div. 2 May 2, 2024) (unpublished), a plaintiff physician’s hospital privileges were restricted by a peer review body, triggering physician’s filing of a petition for a writ of the mandate

Special Fee Shifting Statutes: Utility Properly Awarded $82,000 In Costs And Attorney’s Fees In A Case Alleging Defendant Knowingly Diverted Electrical Power To Support A Cannabis Grow Operation

Cases: Special Fee Shifting Statutes

Civil Code Section 1882.2 Was The Fee Entitlement Predicate For The Award.                Civil Code sections 1882.1 and 1882.2 allow a utility to obtain compensatory damages, trebles damages, and costs/reasonable attorney’s fees against a party who commits or aids and abets a diversion of utility services by any means whatsoever.  (§ 1882.2 is the specific

Special Fee Shifting Statutes: In A 2-1 Opinion, 4/1 DCA Affirms Attorney’s Fees Award To Prevailing Plaintiff Under A Stipulated Judgment As A Catalyst In A California Public Records Act Case

Cases: Special Fee Shifting Statutes

Dissenting Justice Believed Prevailing Party’s Last Year Of Litigation Was Unnecessary Such That Fees For Those Efforts Were Unreasonable.                In Castanares v. City of San Diego, Case No. D082562 (4th Dist., Div. 1 Apr. 30, 2024) (unpublished), a lower court entered judgment based on the parties’ stipulation that City had violated the California Public

Special Fee Shifting Statutes: Fee Award For Hospital Affirmed And Fee Award For Medical Staff Reversed In Peer Review Dispute Involving Doctor’s Suspension Of Hospital Privileges

Cases: Special Fee Shifting Statutes

Fee Shifting Centered On Business & Professions Code Section 809.9.                One of the interesting aspects of posting on California fee decisions is we get to explore some special fee shifting statutes.  Business and Professions Code section 809.9 is a specialized one allowing for substantially prevailing party fees to the winner in a peer review

Consumer Statutes, Special Fee Shifting Statutes: $264,440 In Attorney’s Fees Affirmed Against Bond Surety Defendant That Issued $50,000 Bond To Auto Dealer Who Used Fraudulent Tactics To Sell A Used Car To Plaintiff

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Plaintiff Was Unable to Collect Arbitration Award For Violations Of The Consumers Legal Remedies Act, Leading Her To Successfully Seek Summary Judgment Against Surety Under Veh. Code Section 11711 For Dealership’s Fraudulent Representation             In Gonzalez v. Hudson Insurance Co., Case Nos. D080166/D081686 (4th Dist., Div. 1 February 13, 2024) (unpublished), auto dealer sold a

Employment, Fee Clause Interpretation, Prevailing Party, Settlement, Special Fee Shifting Statutes: Denial Of Labor Code Section 1194 Attorney Fees To Plaintiffs Who Incurred Post-Settlement Fees After Employer Breached The Settlement Agreement Reversed

Cases: Employment, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Because The Fees Provision In The Parties’ Settlement Agreement Did Not Address Fees Incurred Post-Settlement, Plaintiffs Were Entitled To Recovery Under Section 1194, But Only As To Fees Incurred In Conducting Discovery And Litigating To Trial, Not In Enforcing The Settlement Agreement.             In Lorta v. Bishop, Case No. G062166 (4th Dist., Div. 3

Special Fee Shifting Statutes, Section 998: Kinney Opinion Now Certified For Publication

Cases: Section 998, Cases: Special Fee Shifting Statutes

Opinion Illustrates How Valid Section 998 Offer Can Reduce Fee Exposure Under A Fee Shifting Statute.             On December 31, 2023, we posted on Kinney v. City of Corona, Case No. E079840, which was unpublished at the time.  We can now report that Kinney was certified for publication on January 24, 2024.  It demonstrates how

Family Law, Special Fee Shifting Statutes: Court Of Appeal Decides Current Version Of Domestic Violence Prevention Act, Applies Retroactively To Cases After 2023, Justifying A Fee Award

Cases: Family Law, Cases: Special Fee Shifting Statutes

Family Code Section 6344 Applies Retroactively.             In Dragones III v. Calkins, Case No. B329659 (2d Dist., Div. 7 Jan. 17, 2024) (published), the 2/7 DCA confronted whether Family Code section 6344, effective 2023, made it easier for a prevailing petitioner to obtain fees and harder for a prevailing respondent to obtain fees in actions

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