Cases: Special Fee Shifting Statutes

Special Fee Shifting Statutes: Prevailing Plaintiff Awarded Only Partial Fees Under EAJA Wins Reversal And Remand For Award Of Fully Requested Fees In Case Challenging Social Security Administration’s Denial Of Disability Benefits

Cases: Special Fee Shifting Statutes

Prevailing Plaintiff’s EAJA Fees Could Not Be Reduced Because She Raised Alternative Theories To Support A Single Claim, Even Though The Court Did Not Reach The Alternative Theories In Rendering Judgment In Plaintiff’s Favor.             The Equal Access to Justice Act (“EAJA”) requires the award of “reasonable attorney fees” to “a prevailing party other than

Special Fee Shifting Statutes: The Limitation Of Liability Act For Shipowners Required A Reversal Of A Single Claimant’s Foray Into State Court Based On Third-Party Claims And Requests For Attorney’s Fees Under The Act

Cases: Special Fee Shifting Statutes

The Case Was A Multiple Claimants Matter, With All The Claimants Having To Reach Stipulations With Protections To the Vessel Owner Before The Matter Could Return To State Court.               Well, we have a maritime proceeding to blog on.                In In re Live Life Bella Vita, LLC, Case No. 23-55613 (9th Cir. Sept. 12,

Special Fee Shifting Statute: Where Defendant Voluntarily Compensated Plaintiff After Filing Of Suit, Plaintiff Could Not Claim To Have “Successfully Prosecuted” The Matter For Purposes Of Fees Under The Longshore and Harbor Workers’ Compensation A

Cases: Special Fee Shifting Statutes

Catalyst Theory Was Unavailable Under The Fee-Shifting Statute.                In Berry v. Air Force Central Welfare Fund, Case No. 23-15551 (9th Cir. Aug. 29, 2024) (published), plaintiff sued to recover disability benefits from defendant under the Longshore and Harbor Workers’ Compensation Act (Longshore Act).  After suit was filed, defendant voluntarily paid all the compensation plaintiff

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

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