Cases: Special Fee Shifting Statutes

Special Fee Shifting Provisions: Third District Romps Around The Labor Code’s Bases For Recovery of Attorney’s Fees

Cases: Special Fee Shifting Statutes

Third Appellate District Remands So Trial Court Can Determine Reasonable Fees for Employer Who Successfully Defended Against Alleged Failure to Provide Rest Periods.      The next case is all about entitlement to attorney’s fees under the Labor Code.  Kirby v. Immoos Fire Protection, Inc., No. C062306 (3rd District July 27, 2010) (published).      On appeal,

Appealability: Interlocutory Order in Partition Action Finding Party Prevailed and Incurred Attorney’s Fees for the Common Benefit was Not Appealable

Cases: Appealability, Cases: Special Fee Shifting Statutes

Second District, Div. 4, Explains that Interlocutory Judgment Determing Interests of the Parties and Ordering Partition is Appealable – But Interlocutory Order Finding a Party Prevailed and Incurred Costs and Attorney’s Fees for the Common Benfit of the Parties is Not Appealable.      In Alaeddin Enayati v. Hessamedin Enayati, B213264 (2nd Dist., Div. 4 July

SLAPP And Lanham Act: Jim Brown Does Not Incur Attorney’s Fees Exposure In False Exploitation Federal Case

Cases: SLAPP, Cases: Special Fee Shifting Statutes

  No Fees Under SLAPP or Lanham Act Fee Shifting Provisions.      Well, everyone knows about James “Jim” Brown, maybe the best professional football running back of all time. In the next case, Jim Brown dodged fee exposure under the Lanham Act and under California’s SLAPP statute.      He brought a false exploitation of image

Special Fee Shifting Statute: UCL Does Not Allow For Fee Recovery Based On “Borrowed” Statute

Cases: Special Fee Shifting Statutes

Second District, Division One Departs Company From Contrary Rutter Group Commentary.      In People ex rel. City of Santa Monica v. Gabriel, Case No. B214828 (2d Dist., Div. 1 July 14, 2010) (certified for publication), a panel of the Second District departed from some Rutter Group treatise commentary, deciding that Business and Professions Code section

Section 1717: Where Results Are Mixed …. Lots Of Prevailing Party Discretion

Cases: Prevailing Party, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Fourth District, Division 3 Emphatically Makes the Point.      Roden v. Amerisourcebergen Corp., Case No. G041990 (4th Dist., Div. 3 July 8, 2010) (certified for publication) involved a plaintiff who was disappointed in being denied an award of attorney’s fees under a supplemental executive retirement plan (with ERISA implications) after prevailing on some aspects of

Special Fee Shifting Statutes: Losing Plaintiff In Unsuccessful Overtime/Meal Break Superior Court Action Required To Pay Attorney’s Fees Of $28,731.25 To Employer

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

First District, Division Two Finds Fee Motion Timely and Fee Award Reasonable in Amount.      In Cun v. Café Tiramisu, Case No. A124985 (1st Dist., Div. 2 July 7, 2010) (unpublished), plaintiff ex-employee lost a superior court FLSA action following a de novo Labor Commissioner hearing in which she claimed to have not been paid

Wrongful Pretrial Attachment Fee Shifting Provision: It Only Operates Against Party Causing A Wrongful Attachment

Cases: Special Fee Shifting Statutes

  $13,380.24 Fee Award Against Party Whose Property Was Attached Had to be Reversed.      In Hirsch v. Reed, Case Nos. C060631/C061956 (3d Dist. June 30, 2010) (unpublished), a trial court awarded attorney’s fees of $13,380.24 against a plaintiff losing an action for various torts found primarily barred by the litigation privilege. Plaintiff’s suit also

Lender Trust Deeds And Beneficiary Payoff Demand Statute: Court Of Appeal Rules On Fee Recovery By Lender Against Nonassuming Debtor And By Debtor For Winning Payoff Beneficiary Demand Claim

Cases: Deeds of Trust, Cases: Special Fee Shifting Statutes

  Second District, Division 8 Affirms Fee Recovery Addition to Note/Trust Deed in Lender’s Favor, But Finds Debtor Shows No Fee Entitlement Authority for Winning Payoff Demand Count.      Here is a case for all of you banking/creditor attorneys arising out of an interesting lawsuit that produced somewhat splintered results. However, it demonstrates that fee

Special Fee Shifting Statutes: Post-Hardt, District Courts In the Ninth Circuit Must Use Hummell Factors To Determine Entitlement To Attorney’s Fees By ERISA Litigant

Cases: Special Fee Shifting Statutes

       In Hardt v. Reliance Standard Life Ins. Co., 2010 WL 2025127 (U.S. May 24, 2010), the U.S. Supreme Court decided that an ERISA litigant does not have to “prevail,” but still must achieve some degree of success on the merits before being entitled to an attorney’s fees award under the ERISA fee-shifting statute,

Special Fee Shifting Statutes—Construction Prompt Payment: Fee Award To Contractor Under Prompt Payment Statutes Affirmed On Appeal

Cases: Special Fee Shifting Statutes

First District, Division 1 Sustains Fee Recovery of Over $381,000 Against Owners.      W. Wong Construction Co., Inc. v. Watt, Case Nos. A122409, A12327 & A124295 (1st Dist., Div. 1 June 18, 2010) (unpublished) is a case where a contractor obtained damages and a hefty $381,000-plus in attorney’s fees against owners under the construction prompt

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