Cases: Special Fee Shifting Statutes

Partition: Trial Court Did Not Err In Awarding $95,267.41 In Attorney’s Fees To Plaintiff In Partition Action, Where Incurred For A “Common Benefit”

Cases: Equity, Cases: Special Fee Shifting Statutes

Plaintiff Sought $415,458.75 In Fees, But Trial Court Reductions and Apportionments Lowered Actual Award to $95,267.41.      In partition actions, Code of Civil Procedure section 874.010(a) authorizes an award of costs to include reasonable attorney’s fees that have been “incurred or paid by a party for the common benefit.” When you get into this area […]

Rent Stabilization Ordinance: Winning Plaintiffs In Wrongful Eviction Action Awarded $306,321.50 In Attorney’s Fees

Cases: Lodestar, Cases: Special Fee Shifting Statutes

Lodestar Is the Standard, and Attorney Still Entitled to Lodestar Fees Even Where Client Agreement Was Below Market or Discounted in Nature. The lodestar method is the one used most often by trial courts in awarding both attorney’s fees under contractual provisions and fee-shifting statutes. What about county ordinances containing fee-shifting sections? Answer: lodestar also.

Civil Rights: CCP § 1038 Does Not Apply To Unsuccessful 1983 Civil Rights Claims

Cases: Civil Rights, Cases: Deadlines, Cases: Special Fee Shifting Statutes

First District, Division 4 So Decides, Also Denying Fees on a Different Theory Raised After Losing the § 1038 Request—Counseling to Seek Fees on Multiple Grounds the First Time Around.      State entities eventually defended against a civil rights claim brought by a peace officer organization under 42 U.S.C. § 1983. State entities then moved

Special Fee Shifting Statute: Failure To File Certificate Of Merit Did Not Give Rise To Fee Recovery Where Indemnity Cross-Complainant Had Obtained Expert Opinion Before Filing Cross-Complaint

Cases: Special Fee Shifting Statutes

“No Harm, No Foul” Means No Real Reason to Award Fees Under a Discretionary Statute.      For those of you who litigate construction actions, you likely are familiar with the requirement that indemnity cross-complainants must file a certificate of merit—after obtaining a favorable expert opinion—in cross-claims filed against professional engineers, architects, or surveyors. (Code Civ.

FEHA And CCP § 1033(a): The California Supreme Court Has Spoken—Trial Courts Have Discretion To Deny Or Dramatically Reduce Fee Awards Where FEHA Judgment In Superior Court Was Under the $25,000 Jurisdictional Limit

Cases: Special Fee Shifting Statutes

  No Abuse of Discretion in Denying Fees Altogether Where Plaintiff Awarded $11,500 But Requested $870,935.50 In Fees.      In Chavez v. City of Los Angeles, Case No. S162313 (Cal.Sup.Ct. Jan. 14, 2010) (certified for publication), our state supreme court faced the collision of two statutory schemes: the California Fair Employment and Housing Act (FEHA),

Finding that Plaintiff’s Actions and Omissions Were "Exceptional" in Patent Lawsuit, USDC Judge Gary Feess Awards Substantial Fees to Defendant

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

  Feess on Fees:  Award Equals $779,100.34 in Fees, $11,769.20 in Expenses, and $28,776.49 in Other Costs.      We learned from an unpublished order in the next case that according to a recent American Intellectual Property Lawyers Association survey, “the average patent infringement suit with between $1 million and $25 million at stake costs $1.794

Insurance Special Fee-Shifting Statute: Consumer Interest Intervener Entitled To Fee Compensation For Upholding Amended Regulations Under Insurance Code Section 1861.10(b)

Cases: Insurance, Cases: Special Fee Shifting Statutes

$121,848.16 Compensation Award to Intervener Upheld on Appeal.      In a very scholarly opinion, Presiding Justice Mallano—on behalf of a 3-0 panel—upheld a $121,848.16 compensation award (including attorney’s fees) to a consumer interest intervener in an unsuccessful challenge to certain amended regulations made by insurance companies. The basis for the award was Insurance Code section

Mike And Marc’s Top Twenty Decisions For 2009

Cases: Consumer Statutes, Cases: Liens for Attorney Fees, Cases: Retainer Agreements, Cases: Section 1717, Cases: Section 998, Cases: Special Fee Shifting Statutes

Part 2 of 2: Second Ten Grouping—Nos. 1-10.      We already gave you our top 11-20 decisions previously this month.      As noted in an earlier post, we have accumulated our “top 20” attorney’s fees decisions, recognizing that we limit the list to published decisions and that the order reflects nothing about the importance of

Marc And Mike’s Top Twenty Decisions For 2009

Cases: Bankruptcy Efforts, Cases: Consumer Statutes, Cases: Family Law, Cases: Private Attorney General (CCP 1021.5), Cases: Probate, Cases: Sanctions, Cases: SLAPP, Cases: Social Security, Cases: Special Fee Shifting Statutes

Part 1 of 2: First Ten Grouping—Nos. 11-20.      As noted in an earlier post, we have accumulated our “top 20” attorney’s fees decisions, recognizing that we limit the list to published decisions and that the order reflects nothing about the importance of the decision. Rather, we try to survey decisions of interest in different

EAJA: Ninth Circuit Reverses Fee Award Because Various Federal Court Actions Were Not Equivalent To Judicially Sanctioned Relief

Cases: Consumer Statutes, Cases: Special Fee Shifting Statutes

Temporary Stay, Magistrate Tentative Summary Judgment Ruling, and Dismissal Based on Ripeness/Mootness Did Not Justify Fee Award.      The prevailing party in a dispute governed by the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412, is entitled to an award of attorney’s fees if the party achieved “a material alteration in the legal

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