Cases: Special Fee Shifting Statutes

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 Nov. 14, 2023) (unpublished) is a situation where respondent was awarded attorney’s fees and costs under Welfare & Institutions Code section 15657.03(t), the elder abuse fee shifting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

Special Fee Shifting Statutes: $167,400 Fee Contempt Recovery To California Regional Water Quality Control Board Affirmed On Appeal

Cases: Special Fee Shifting Statutes

Entitlement Was Established.             Just to show you that we post on arcane issues, we refer you to Cal. Regional Water Quality Control v. Balcom Ranch, Case No. B311434 (2d Dist., Div. 6 Aug. 15, 2023) (unpublished).  There, the Water Board was awarded with a contempt fee recovery under Government Code § 11455.20 and CCP

Special Fee Shifting Statutes: County Properly Awarded $26,065.41 In Attorney’s Fees And Costs In Nuisance Abatement Proceeding

Cases: Special Fee Shifting Statutes

Cannabis Cultivation On Residential Property Was The Factual Backdrop.             Governmental authorities may receive an award of attorney’s fees and costs for abating property nuisances under both state statutes and municipal ordinances, in this case Government Code section 25845(b), (c) and Riverside County Ordinance No. 725.  The County obtained summary judgment against a property owner

Scroll to Top