Sixth District Does Nice Review of Factors in Unpublished Decision. In our July 13, 2008 post on In re Marriage of Kline Jr. and our August 13, 2008 post on George III, we reviewed cases discussing Family Code sections 2030 and 2032, which allow for a need-based award of attorney’s fees […]
Second District So Rules Even Though Plaintiff Lost at the Demurrer Stage. In State of California ex rel. Dockstader v. Amoroso Construction Co., Inc., Case No. B197343 (2d Dist., Div. 5 Aug. 26, 2008) (unpublished), a qui tam plaintiff lost a demurrer against some private defendants for reimbursement of costs relating
First and Fourth Districts Overturn Fee Awards After Reversal of Underlying Judgments. Reversals of underlying judgments can also mean that attorney’s fees awards are vacated or remanded if properly appealed, as the next two cases illustrate. The First District, Division Four, in Arntz Builders v. City of
Proprietor’s Ratification Triggered Fee Liability to Conservator When House Sold For Less Than Its Fair Market Value. Welfare and Institutions Code section 15657.5 has a mandatory fee-shifting provision that authorizes an award of reasonable attorney’s fees and costs (including conservator’s fees devoted to litigation) when a defendant is proven liable for
Second District Awards About Only a Tenth of Requested Fees Based on Failure to Segregate Services and Comply With California Rules of Court. Here is a new area that we have not yet addressed—attorney’s fees awarded in a conservatorship. As in other substantive areas, it is necessary to provide proper substantiation
Second District, Division Six Modifies Fee Award Made Pursuant to Code of Civil Procedure Section 527.6(i). Where statutory directives are clear, a de novo issue of law is presented for the appellate court’s determination. That was the situation in the next case we discuss. Code of Civil
Second District Does Place Restrictions On Activities For Which Neutral Stakeholder Can Seek Fee Reimbursement. Code of Civil Procedure section 386.6(a) provides that a party to a properly commenced interpleader action “may insert is his motion, petition, complaint, or cross complaint a request for allowance of his costs and reasonable attorney
Yes, With the Answer Depending on Whether the Fee Entitlement Statute Is Discretionary/Mandatory in Nature or Whether the Intervenor Is “Innocent.” The Ninth Circuit recently explored the issue of when an intervenor may be held liable for an award of attorney’s fees and costs under two fee-shifting statutes, one arising under
No Express Findings Are Required When Denying a Fee Award to a Winning FEHA Defendant.
Federal Court of Appeals Overturns Two Fee Denial Orders in ADA Cases. The American with Disabilities Act of 1990 (ADA), 42 U.S.C. secs. 12101-12213, has a federal fee-shifting provision in section 12205, which allows a district court “in its discretion” to award the “prevailing party … a reasonable attorney’s fees.” In
