Cases: Special Fee Shifting Statutes

Special Fee Shifting Statutes: Denial Of DVRO Resulted In Adverse Fee/Cost Award Of $24,777.38 Against Unsuccessful Petitioning Party

Cases: Special Fee Shifting Statutes

Failure To Oppose The Fee Motion Was Fatal.                A party prevailing in a domestic violence restraining order (DVRO) can obtain attorney’s fees and costs.  Ex-girlfriend lost a DVRO petition, with the lower court awarding ex-boyfriend $24,777.38 in attorney’s fees and costs.  The appellate court affirmed the awards in Gikkas v. Stern, Case No. A168298 […]

Paralegal Time, Special Fee Shifting Statutes: Reduced Change Of Venue Fee Award Of $9,019.50 To Certain Defendants Affirmed In Part

Cases: Paralegal Time, Cases: Special Fee Shifting Statutes

Lower Court Properly Did Not Award Self-Represented Attorney Any Fees Relating To Himself (But Okay For Other Codefendants), But Matter Remanded To Apportion Fees And To Award Paralegal Compensation For A Law Clerk’s Work.                Civil Code section 396b, subd. (b) allows a lower court, in its discretion, to award attorney’s fees to a defendant

Costs, Deadlines, Probate, Reasonableness Of Fees, Special Fee Shifting Statutes: $175,252.50 Fee Award Under Financial Elder Abuse Statute Affirmed On Appeal

Cases: Costs, Cases: Deadlines, Cases: Probate, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Fee Request Reduced Down From $203,865; Two Awarded Routine Costs Components Remanded For A Further Hearing.                In Thompson v. Ito, Case No. G061437 (4th Dist., Div. 3 June 12, 2024) (unpublished), a defendant losing a trust undue influence case and determined to have committed financial elder abuse was hit with an adverse attorney’s fees

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                In Stooksberry v. El Rova Mobile Home Park, LLC, Case No B329202 (2d Dist., Div. 1 May 29, 2024) (unpublished), plaintiff resident dismissed a complaint alleging late payment of rent, fee increases, and other claims arising under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

Scroll to Top