Cases: Special Fee Shifting Statutes

Family Law Court Did Not Err In Considering Subsequent Income Disparity Information In Awarding Attorneys Fees Under Family Code Sections 2030 and 2032

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

Information Showing Less of an Income Disparity Properly Considering in Determining Amount of Fees Awardable to Mother For Prevailing in Prior Appeals.             Under Family Code section 2030, the trial court has discretion to award attorney’s fees in family law actions to ensure that each party has access to legal representation.  In […]

Prevailing FEHA Plaintiff Awarded $499,245.80—Lodestar Augmented By 1.55 Multiplier—In Unpublished Decision

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

First District Affirms Substantial Fee Award and Compensatory Judgment Following Successful Bench Trial for Plaintiff.             Government Code section 12965(b) authorizes an award of reasonable attorney’s fees and costs to the prevailing party in an action brought under the Fair Employment and Housing Act (FEHA).  Normally, the prevailing plaintiff should be awarded

Award Of Attorney’s Fee In Minor’s Compromises—Probate Code Section 3601 Is The Standard, But Know Your Own Local Superior Court Rule

Cases: Minors, Cases: Special Fee Shifting Statutes

Trial Courts Possess Discretion to Raise or Lower 25% Fee Award Benchmark; Local Rules Determine Whether Awards Are Based on Gross or Net Settlement Proceeds.             The nice aspect to blogging is receiving reader questions about fee award issues in different practice areas.  Recently, we received one about award of fees in

Judicial Foreclosure Actions—Attorney’s Fees Are Added to the Loan Indebtedness for Purposes of Calculating Deficiency and Fee Exposure

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Special Fee Shifting Statutes

Second District Rejects Borrower’s Argument That Contractual Fees Incurred by Lender Are Excluded from Deficiency Calculation.             In this time of subprime lending fallout and rising foreclosures, judicial foreclosures are making a comeback, as they typically do when market values plunge.  Lenders on commercial and investment residential projects frequently opt to pursue

Pretrial Attachment Remedies Allow For Provisional Award of Costs and Allowable Attorney’s Fees

Cases: Special Fee Shifting Statutes

Code of Civil Procedure section 482.110 Authorizes Adding Costs and Attorney’s Fees to the Attachable Principal Amount.             For practitioners who have prosecuted or defended collection/contract actions, you have most certainly run into the California pretrial writ of attachment remedy.  The pretrial attachment statutory scheme is a potent remedy to allow a

Violation of In Limine Rulings Does Not Give Rise To Attorney’s Fees Sanctions

Cases: Sanctions, Cases: Section 998, Cases: Special Fee Shifting Statutes

First District Reverses Fee Sanctions Award and Award to State Under Code of Civil Procedure section 1038, But Affirms 998 Award to State.             This next case establishes that fee sanctions must have a firm basis in legislatively-authorized statutes (or implementing rules) that have solid due process protections.  Relying only on inherent

Eminent Domain Litigation Expenses Award Reversed Because Owners’ Pretrial Final Demand Was Unreasonable As A Matter Of Law

Cases: Special Fee Shifting Statutes

Fourth District, Division One Reverses $80,971.78 Award Against City of El Centro and Imperial County             We have yet to talk about litigation expenses (including attorney’s fees) awardable under California’s eminent domain statutory scheme.  This next case gives us an introduction to wet everyone’s appetite in this area.           

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