Cases: Standard of Review

Allocation, Homeowner Associations, Interest, Special Fee Shifting Statutes, Standard of Review: Plaintiff Owner/Developer’s Award Of $1,673,691 In Damages and Entire Fee Request Upheld On Appeal

Cases: Allocation, Cases: Homeowner Associations, Cases: Interest, Cases: Special Fee Shifting Statutes, Cases: Standard of Review

Defendant HOA’s Breach Of Owner/Developer’s Valid Contractual Access Rights Was The Common Core Involved In The Causes Of Action, So Apportionment Of Fees Not Required.             In Millennium-Diamond Road Partners v. Diamond Bar etc., Case No. B285539 (2nd Dist., Div. 3 Sept. 24, 2019) (unpublished), Owner/Developer Millennium sued HOA when it revoked Millennium’s access […]

Reasonableness Of Fees 3-Fer: Fee Recovery Sustained In Landlord-Tenant, Family Law, And Appeal/Class Action Cases Based On Waiver, Failure To Provide Adequate Record, And Failure To Beat Abuse Of Discretion Standard On Amounts Awarded

Cases: Class Actions, Cases: Reasonableness of Fees, Cases: Record, Cases: Standard of Review

  Landlord/Tenant:  Sevier v. Ghannoura, Case No. B259542 (2d Dist., Div. 4 Mar. 22, 2016) (Unpublished).     Tenant won compensatory damages of $21,865 against landlords for illegal entry into common areas of a rental apartment without proper notice.  There was a fees clause, requiring mediation as a condition precedent, but tenant satisfied that by requesting

Section 1717/Standard of Review: Elements Of Contractual Fee Recovery Nicely Set Forth In Unpublished Decision

Cases: Section 1717, Cases: Standard of Review

  4/3 DCA Does It Succinctly And Well.     Presiding Justice O’Leary, in a 3-0 unpublished decision by the Fourth District, Division 3, affirmed a $76,890 contractual fee award against a plaintiff unsuccessfully attempting to unwind a foreclosure sale in Melgar v. Deutsche Bank National Trust, Case No. G051225 (4th Dist., Div. 3 Jan. 4,

Private Attorney General Fees: Award Of Fees To Patient Is Overturned Because He Did Not Show Enforcement Of Public Right Was Necessary

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5), Cases: Standard of Review

Fee Award Of $126,974.13 Goes Poof !     The Sixth District has overturned a fee award to an unfortunate dental patient for injuries arising from negligently performed dental work because private enforcement of the public right vindicated was unnecessary – a predicate for recovery of fees under California Code of Civil Procedure, section 1021.5.  Bui

Standard Of Review/Record: Failure to Provide RT Doomed Appeal Where Loser In Fee Battle Argued Objections Were Not Honored Or Fee Discovery Not Allowed

Cases: Record, Cases: Standard of Review

  No Adequate Record Was Presented for Review Purposes.      Yet again, Next Seafood Co., Inc. v. Port of San Francisco, Case No. A137487 (1st Dist., Div. 5 Aug. 27, 2014) (unpublished), is a situation where a party losing a fee award—to the tune of $77,881.25—appealed, arguing that the fee award was not supported by

Private Attorney General: Lower Court Did Not Abuse Its Discretion In Denying Attorney’s Fees Where Plaintiff Obtained Technical EIR Correction Of A Transparent Nature Benefitting Only A Small Zone of Neighbors

Cases: Private Attorney General (CCP 1021.5), Cases: Standard of Review

  Deferential Standard/Implied Findings Supported Ruling Below.      The standard of review adopted by an appellate court is frequently one of the most important compasses guiding the ultimate result reached in a case up on appeal. Lynbrook-Monta Vista United v. Fremont Union High School Dist., Case No. H038553 (6th Dist. Mar. 12, 2014) (unpublished) illustrates

Standard Of Review: Lower Court’s Decision Denying Dueling Fee Requests In 16-Plus Year Litigation Was No Abuse Of Discretion

Cases: Standard of Review

  Even Though Fee Request Considered By Subsequent Judge, No Abuse.      Here is how Banyan Ltd. Partnership v. Baer, Case No. G046428 (4th Dist., Div. 3 Aug. 12, 2013) (unpublished) began: “This is the last of the three appeals that follow the final judgment in this 16-plus year, multi-phase litigation.” This appeal involved a

Prevailing Party: Trial Court Did Not Err In Finding Neither Party Prevailed In HOA Driveway Characterization/Slander Of Title Dispute

Cases: Homeowner Associations, Cases: Prevailing Party, Cases: Standard of Review

       In Mankowski v La Cumbre Owners Assn., Inc., Case No. B236025 (2d Dist., Div. 6 Nov. 13, 2012) (unpublished), plaintiff townhouse owner was apparently really mad that the trial court found no one prevailed in her slander of title/declaratory relief action over the characterization of a driveway after her sister contributed to her

Family Law: Second District, Division Two Upholds Fee Award in Family Court Involving TV Costar of Two and a Half Men

Cases: Celebrities, Cases: Family Law, Cases: Standard of Review

  Who “Won” is Irrelevant Here.      Often, the Court’s retelling of the facts gives us more than an inkling of the ending.      Here, the statement of facts begins: ”Jon and Sarah have both had acting careers, though their career paths diverged widely.  As a costar in the TV show Two and a Half

Trade Secrets: Defendant Winning Trade Secret Case Properly Denied Fee Recovery

Cases: Standard of Review, Cases: Trade Secrets

  Trial Court’s Finding of “No Bad Faith” Was Deferred to on Appeal.      For appellate practitioners and litigators contemplating an appeal, you by now should know that most factual findings–even those than can be implied–usually will uphold a judgment or trial court determination. This substantial evidence rule and its close cousin, the abuse of

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