Cases: Special Fee Shifting Statutes

Interpleader Actions—Attorney’s Fees Do Not Have To Be Only Paid Out Of Interpleader Involving Deposited Cash

Cases: Interpleader, Cases: Special Fee Shifting Statutes

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 […]

Can An Intervenor Be Liable for An Award of Attorney’s Fees?

Cases: Civil Rights, Cases: Intervenors, Cases: Special Fee Shifting Statutes

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

Second District, Division 2 Joins Division 4 In Affirming Denial Of Attorney’s Fees To Successful FEHA Defendant Because Plaintiff’s Action Was Not Proven Frivolous In Nature

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

No Express Findings Are Required When Denying a Fee Award to a Winning FEHA Defendant.                                                                                                                       

Ninth Circuit Issues A Pair Of American With Disabilities Act Decisions On Attorney’s Fees—Confronting Reduction Factors And A Standing Issue

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

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

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

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