Cases: Standard of Review

Consumer Statutes: Court Of Appeal Reverses Refusal To Award Reasonable Attorney’s Fees To Plaintiff Under Settlement Arrangement With Car Manufacturer

Cases: Consumer Statutes, Cases: Settlement, Cases: Standard of Review

Fourth District, Division 3 Utilizes De Novo Review to Determine Plaintiff’s Entitlement to Fee Award.      The next case demonstrates how the standard of review can be appeal determinative. The appellate panel utilized the de novo standard, which led to the conclusion that the trial court erred in denying plaintiff entitlement to fees under car […]

Family Law: Trial Court Tosses Responsibility for Attorney’s Fee Award to Court of Appeal, and Court of Appeal Tosses It Right Back

Cases: Family Law, Cases: Standard of Review

     Appellant Joan Drelinger (Mother) registered in 2004 a 1973 order for child support issued in the State of Nevada, and sought to enforce the order. The trial court confirmed the order’s registration but found respondent Jay Drelinger (Father) had satisfied his child support obligation. The court deferred ruling on the parties’ competing motions for

SLAPP: $112,353.75 Fee Award To Cross-Defendant Affirmed Where Claims Of Overstaffing Not Properly Demonstrated

Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 3 Finds No Abuse of Discretion.      In Raining Data Corp. v. Barrenechea, Case No. G040902 (4th Dist., Div. 3 June 26, 2009) (unpublished), plaintiff lost a SLAPP motion against a cross-defendant arising from a trade secret misappropriation dispute, with the trial court awarding $112, 353.75 to cross-defendant under Code of Civil

Family Law: Court Of Appeal Affirms $26,504.85 Fees/Costs Award In Domestic Violence Restraining Order Dispute

Cases: Family Law, Cases: Reasonableness of Fees, Cases: Standard of Review

Fees/Costs Were Justified Under Family Code Section 6344(a).      Under Family Code section 6344(a), a trial court may award attorney’s fees and costs to a prevailing party in a proceeding concerning a domestic violence restraining order after notice and a hearing on the issue. This provision was squarely at issue in the next case we

Routine Costs: Trial Court’s Misreading Of Judgment And Failure To Exercise Discretion In Determining Prevailing Party For Costs Purposes Required Remand

Cases: Costs, Cases: Standard of Review

Second District, Division 2 Stresses That Record Must Show Discretion Was Actually Exercised.      Although an order denying routine costs is reviewed under the deferential abuse of discretion standard, there is an important qualifier to application of this rule—there must be an indication that the trial court actually did exercise discretion. If a judge misreads

Family Law Awards: Court Of Appeal Affirms $30,000 "Needs" Fee Award In Divorce Proceeding Which Could Have Come Out of "The OC"

Cases: Family Law, Cases: Standard of Review

Fourth District, Division 3 Sustains Award In a Wild Dissolution Case.      For you television fans of “The OC,” we next discuss a case that could have served as an episode on the show—only with even more startling facts than the episodes that actually aired. It also demonstrates the limits of appellate review for fee

Family Law Awards: Court Of Appeal Reverses Family Code Section 2030 Award Against Husband Based On Consideration Of Erroneous Factors

Cases: Family Law, Cases: Standard of Review

Fourth District, Division 2 Finds Family Law Judge Relied on Inappropriate Factors.      Here is one, even in this category, that we do not see often. A family law judge is reversed for considering inappropriate factors in awarding attorney’s fees to a wife under Family Code section 2030, the “needs” oriented fee-shifting statute. The lesson

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