Cases: Special Fee Shifting Statutes

Television Provider Winning $1,591.38 From A Jury And A Court Injunction Is Awarded About $8.3 Million in Attorney’s Fees and Costs

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

    District Judge Carter Awards Both Sides Fees Under the California Penal Code, the Communications Act, and the Digital Millennium Copyright Act.      This next one is an interesting illustration of how each side can prevail and be awarded fees/costs under state and federal statutes, yet how one side can still be the “net” […]

Plaintiff Prosecuting Unreasonable FEHA and Torts Against Governmental Defendants Suffers Adverse Fee and Costs Award of $221,452

Cases: Civil Rights, Cases: Special Fee Shifting Statutes, Cases: Standard of Review

Third District, in Unpublished Decision, Affirms Fee Award Against Losing Plaintiff.      Many of our past posts under the category “Cases: Civil Rights” tend to demonstrate that it is an unusual showing that results in fee exposure for a losing plaintiff in civil rights or Fair Employment and Housing Act (FEHA, Gov. Code sec. 12940

Missed Meal and Rest Breaks Are Wages For Purposes Of Attorney’s Fees Awards Under Labor Code Section 218.5

Cases: Special Fee Shifting Statutes

Fourth District, Division One Remands Cause For Recalculation of Fee Award After Eliminating Punitive Damage Recovery on Appeal.      We now have an interesting case for labor law practitioners. It centers upon Labor Code section 218.5, which provides that “[i]n any action brought for the nonpayment of wages, ….the court shall award reasonable attorney’s fees

Attorney’s Fees Not Recoverable As Compensatory Damages Under Uniform Fraudulent Transfer Act or “Tort of Another” Doctrine

Cases: Fees as Damages, Cases: Homeowner Associations, Cases: Special Fee Shifting Statutes

  Fourth District, Division Three Reverses Wide-ranging Fee Award and Remands For Narrower Determination.      We have seen the litigants in the next case before. (See our posts of June 2, 2008 and August 27, 2008, where the McMahons have suffered adverse fee awards and sanctions in a long-standing battle with a homeowners association.) Here,

Unruh Act: Attorney’s Fees Denied To Losing Plaintiffs In Unsuccessful Challenge to Angels’ “Mother’s Day Totebag” Giveaway

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

Fourth District, Division Three Finds Plaintiffs Were Not Catalysts For Change So As To Be Entitled to Fees.      Our fellow blawg “Cal Biz Lit” has an interesting post on November 21, 2008, discussing our local Fourth District, Division Three’s unpublished opinion in Cohn v. Corinthian Colleges, Inc., Case No. G038388 (4th Dist., Div. 3

Fee Authorization: No Fees Can Be Awarded Unless Predicate Statute Or Contract Authorizes Their Recovery

Cases: Fee Clause Interpretation, Cases: Special Fee Shifting Statutes

Second District, Division One Sustains Denial of Fee Recovery Without Predicate Underpinnings for an Award.      The first step of any analysis for recovery of fees is to locate a statute or contractual clause authorizing their recovery. Without this, the American Rule will usually preclude any efforts to recoup incurred attorney’s fees in litigation. The

CCP Section 1021.5: Airport Operations Officer Does Not Obtain Private Attorney General Statutory Fees Because Focus of Action Was On Advancement of His Own Personal Interests

Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

Second District, Division Six Also Determines No Fees Awardable Under Government Code section 800.      In County of Ventura v. Ventura County Prof. Peace Officers Assn., Case No. B204907 (Nov. 20, 2008) (unpublished), real party in interest was reinstated as an airport operations officers pursuant to an arbitration award, which was then vacated by the

Fourth District, Division Three Affirms Attorney’s Fees Award In Two Real Estate Cases

Cases: Homeowner Associations, Cases: Lodestar, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Seller Hit With Fees In a Water Accumulation Concealment Case; Neighbors Obtain Fees Against Neighbors In Tree Obstruction View Case.      In these interesting financial times, we find that real estate disputes still fester and produce interesting posts on attorney’s fees issues. The next two cases do not disappoint, originating from our local Santa Ana

Wrongful Foreclosure And Home Improvement Case: Fees Are Sustained And Remanded For Calculation In Wild Decision Out Of The Second District

Cases: Allocation, Cases: Deeds of Trust, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Section 1717 Fees Are Affirmed As to Husband, Reversed and Remanded As to Wife; Home Improvement Statutory Fees Are Affirmed As to Both Husband and Wife.      Talk about a wild one. If any of you readers believe that legal cases do not mimic real life, you need to read and stay tuned for our

Ninth Circuit Affirms District Court’s Refusal To Award Attorney’s Fees To Defendants In Copyright Infringement and Lanham Act Case

Cases: Special Fee Shifting Statutes

Federal Court of Appeals Summarizes Governing Standards In These Intellectual Property Areas.      The Ninth Circuit Court of Appeal has a nice discussion of the standards governing award of attorney’s fees to defendants in copyright infringement and Lanham Act cases. The discussion occurred in Halicki Films, LLC v. Sanderson Sales and Marketing, Case Nos. 06-55806

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