Cases: Special Fee Shifting Statutes

Ninth Circuit Vacates And Remands Attorney’s Fees Award Under EAJA For Successfully Obtaining Navy’s Mitigation Measures For Sonar Disrupting Marine Mammal Activities

Cases: Special Fee Shifting Statutes

Federal Court of Appeals Find That Some Junior Attorney Work Was Not Distinctive and That Plaintiffs Needed to Show Attorneys Were Not Available to Work at Lower Hourly Rates.             Under the Equal Access to Justice Act (28 U.S.C. § 2412), prevailing parties in cases brought by or against the United States […]

Civil Code Section 1717 Mandates Fee Award To Unqualified Winner On Contract Claim And Requires Reversal of Award Against Contract Nonsignatories

Cases: Civil Rights, Cases: Prevailing Party, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Second District, Division One Affirms and Reverses Portions of Fee Award Under Contractual Provision and Discretionary Fee-Shifting Statutes.             By now, it should be apparent that there are stark differences in how some fee-shifting statutes operate.  Civil Code section 1717 mandates an award to a "prevailing party" under a contractual fees clause,

Ninth Circuit Vacates Attorney’s Fees Award Under the Individuals With Disabilities Education Act

Cases: Special Fee Shifting Statutes

Dismissal Without Prejudice Does Not Mean A Winning Litigant “Prevails” for Purposes of the Fee Entitlement Statute.             Under the Individual with Disabilities Education Act (IDEA), a court may award reasonable attorney’s fees “to a prevailing party who is a State educational agency or local educational agency against the attorney of a

Intervenor In PUC And Federal Court Proceedings Wins Grant Of Attorney’s Fees, But Not For Unsuccessful Subsequent Work Where It Took A 180 Degree Shift in Position That Was Unsuccessful

Cases: Intervenors, Cases: Special Fee Shifting Statutes

Second District, Division Eight Affirms PUC’s Decision Denying Substantial Backend Fees and a Multiplier to Intervenor.             Because attorney’s fee issues are pervasive, we now have a post of interest to lawyers who practice before the California Public Utilities Commission (PUC).             The Utility Reform Network (TURN) intervened in

Nonvictorious Qui Tam Plaintiff Is Not Assessed With Requests For Admission Sanctions Or Attorney’s Fees For Bringing A Frivolous Action

Cases: Civil Rights, Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

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

Reversals Of Two Judgments Result In Either Vacating Or Remand Of Fee Orders

Cases: Appealability, Cases: Special Fee Shifting Statutes

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

Real Estate Brokerage Proprietor Who Ratified Employee Conduct Liable For Attorney’s Fees Under Elder Abuse Act Fee-Shifting Provision

Cases: Appealability, Cases: Probate, Cases: Special Fee Shifting Statutes

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

Conservatorship Attorney’s Fees: Comply With California Rules Of Court Or Suffer The Consequences

Cases: Cases Under Review, Cases: Probate, Cases: Special Fee Shifting Statutes

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

Party Losing Harassment Injunction May Have To Pay Fees To The Opponent, But Cannot Be Ordered to Pay Fees To Opponent’s Attorney

Cases: Special Fee Shifting Statutes

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

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