Cases: Special Fee Shifting Statutes

Family Law, Special Fee Shifting Statutes: Court Of Appeal Decides Current Version Of Domestic Violence Prevention Act, Applies Retroactively To Cases After 2023, Justifying A Fee Award

Cases: Family Law, Cases: Special Fee Shifting Statutes

Family Code Section 6344 Applies Retroactively.             In Dragones III v. Calkins, Case No. B329659 (2d Dist., Div. 7 Jan. 17, 2024) (published), the 2/7 DCA confronted whether Family Code section 6344, effective 2023, made it easier for a prevailing petitioner to obtain fees and harder for a prevailing respondent to obtain fees in actions […]

Section 998, Special Fee Shifting Statutes: $43,300 Fee Award Under California Public Records Act Statute Was Justified

Cases: Section 998, Cases: Special Fee Shifting Statutes

. . . However, Fee Award Had To Be Reduced Down To $2,475 Based on Successful Defense § 988 Offer With Respect To Post-Offer Fees.             On appeal, you win some, you lose some, or the appellate court modifies judgments in varying amounts.  That third result is what occurred in Kinney v. City of Corona,

Allocation, Requests For Admission, Special Fee Shifting Provision: 4/1 DCA Affirms Denial Of Fees To Prevailing Defendant Under Consumer Data Access And Fraud Act, But Remands For Determination Of RFA Costs-Of-Proof Sanctions For Request Denials

Cases: Allocation, Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

Failure To Allocate Fatal On The CDAFA Claim, But Lack Of Any Evidence During A Jury Trial Meant Some Costs-of-Proof Sanctions Were in Order on Remand.             In Yeng Midas Touch, Inc. v. Phanichkul, Case No. D080981 (4th Dist., Div. 1 Nov. 29, 2023) (unpublished), plaintiff lost various tort and a claim under the Computer

Special Fee Shifting Statutes: Respondent Obtaining Dismissal Of Elder Abuse Restraining Case After Petitioner Died Was Properly Awarded Partial Fees For Obtaining The Dismissal

Cases: Special Fee Shifting Statutes

Only Motion To Dismiss Fees Were Awarded.             Maroudas v. Carrillo, Case No. H050224 (6th Dist. Nov. 14, 2023) (unpublished) is a situation where respondent was awarded attorney’s fees and costs under Welfare & Institutions Code section 15657.03(t), the elder abuse fee shifting statute, for obtaining a dismissal of a petition after the petitioner died. 

Lodestar; Special Fee Shifting Statutes: In Two MRL Cases, Fees And Costs Affirmed In One Case, But A “Quarterling Approach” To Fee Reduction Required A Remand In The Other Case

Cases: Lodestar, Cases: Special Fee Shifting Statutes

Mobile Home Park Owner Entitled To Prevailing Party Fee Recovery For Obtaining Free And Clear Ownership After A Public Sale Of An Abandoned Lot Where Lease Fees Were Owed.             In this post, we summarize two lengthy fees/costs decisions arising under Civil Code section 798.85, the fees/costs shifting provision of the Mobilehome Residency Law (MRL). 

Costs, Special Fee Shifting Statutes: In “Close Call” Situation, 9th Cir. Majority Affirms Denial Of EAJA And Bad Faith Atty’s Fees Where Government Lost Case Due To Unreliable Opinion Of Its Expert, But Reverses Denial Of Certain Deposition Costs

Cases: Costs, Cases: Special Fee Shifting Statutes

Dissenting Circuit Judge Would Have Awarded Defendants Fees Because DOL’s Case Was Not Substantially Justified When Viewed Under An Objective Standard.             The Equal Access to Justice Act (EAJA) was enacted to curb abusive and costly lawsuits involving the federal government, authorizing a prevailing party to seek attorney’s fees and costs from a federal agency

Private Attorney General, Special Fee Shifting Statutes: UC Davis Student, Whose Suspension Was Overturned Through Administrative Writ Proceeding, Properly Denied CCP § 1021.5 Fees, But Matter Remanded To See If Fees Warranted Under Gov. Code § 800

Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

Appellate Court Disagrees That An Investigation Has To Be Wholly Arbitrary Or Capricious For Section 800 Purposes.             In Doe v. Atkinson, Case No. A166145 (1st Dist., Div. 1 Oct. 19, 2023) (published), a lower court in an administrative writ proceeding overturned the one-year suspension of a UC Davis junior for violating sexual harassment principles,

Special Fee Shifting Statutes: Prevailing Plaintiff, Found Comparatively At Fault, Was Properly Awarded Attorney’s Fees As Against Defendant Who Entered A Nolo Plea To Felony Driving Under The Influence Of Alcohol Which Caused Injury To Plaintiff

Cases: Special Fee Shifting Statutes

CCP § 1021.4 Was The Fee Shifting Statute.             Isom v. MacCarthy, Case No. B317433 (2d Dist., Div. 4 Oct. 2, 2023) (unpublished) involved application of CCP § 1021.4, which allows a court in its discretion to award attorney’s fees to a prevailing tort plaintiff as against a defendant who is convicted of a felony

Ethics, Retainer Agreement, Special Fee Shifting Provisions: Although Fee Award Against HOA Belongs To Attorney, Attorney Had To Offset For Contingency Fee Already Received

Cases: Ethics, Cases: Retainer Agreements, Cases: Special Fee Shifting Statutes

Attorney Was Liable For Substantial Elder Abuse Fees To Prevailing Elderly Client Based On Failing To Properly Offset And Return Money To Client.             Koehler v. Prinz, Case No. C095229 (3d Dist. Sept. 25, 2023) (unpublished) is a case which shows that attorneys need to be careful when they receive a fee award which belongs

Special Fee Shifting Statutes: $955,500 Fee Award And $83,246.52 Costs Award Affirmed In Elder Neglect Case

Cases: Special Fee Shifting Statutes

Total Compensatory Damages Were $696,833.97.             As we have observed before in line with our Mission Statement, attorney’s fees can be the game winner where there is a fee-shifting basis—contractual, statutory, or equitable.  Newton v. Enloe Medical Center, Case No. C095324 (3d Dist. Sept. 12, 2023) (unpublished) illustrates that well.             This was an elder

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