Court of Appeal Finds No Prejudice In the Sequence of Entry of the Fee Award. The Automobile Sales Finance Act (ASFA), in Civil Code section 2983.4, has a mandatory fee-shifting provision by which the prevailing party in any action on a contract or purchase subject to the ASFA must be awarded fees, “regardless of […]
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”
Third District, in Unpublished Decision, Affirms Fee Award Against Losing Plaintiff.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
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
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,
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“Cal Biz Lit” has an interesting post on November 21, 2008, discussing our local Fourth District, Division Three’s unpublished opinion in Cohn v. Corinthian Colleges, Inc., Case No. G038388 (4th Dist., Div. 3
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
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
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
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
