Cases: Standard of Review

Plaintiff Prosecuting Unreasonable FEHA and Torts Against Governmental Defendants Suffers Adverse Fee and Costs Award of $221,452

Cases: Civil Rights, Cases: Special Fee Shifting Statutes, Cases: Standard of Review

Third District, in Unpublished Decision, Affirms Fee Award Against Losing Plaintiff.      Many of our past posts under the category “Cases: Civil Rights” tend to demonstrate that it is an unusual showing that results in fee exposure for a losing plaintiff in civil rights or Fair Employment and Housing Act (FEHA, Gov. Code sec. 12940 […]

Costs: Messenger Services For Complex Litigation Filings, Counsel Travel For Court Hearings, And Airport Parking/Cab fare For Hearings Can Be Awarded As Costs If Reasonably Necessary To The Conduct Of The Litigation

Cases: Costs, Cases: Standard of Review

Fourth District, Division One Affirms Decision to Award Such Discretionary Costs.      Following entry of judgment, defendant filed a costs memorandum seeking $4,053.75 in filing/motion fees (which were expenses for faxing the filings to messengers who then filed the documents with the court) and $1,140.20 in attorney travel costs for hearing appearances (including airfare, airport

Court of Appeal Reverses 88% “Haircut” In Fee Award to Landlord in ADA Indemnity Dispute With Tenant

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

  Fourth District, Division One Rules That Lower Court May Have Not Used Proper Lodestar Determination Factors in Drastically Cutting Fee Request, Suggesting It Parts Company From Reasoning in The Second District’s EnPalm Decision.      Notwithstanding the breadth of the abuse of discretion standard, the next case illustrates that appellate court will overturn fee awards

Private Attorney General Statute (CCP Section 1021.5): Trial Court Properly Declines To Award Fees To Prevailing CEQA Plaintiff Where The Prior Decision Was Not Proven To Benefit A Large Group of Persons

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

First District, Division Four Finds No Abuse of Discretion in Denying Fees Based on the Lack of Proof of a Large Class Benefit in a “One-Off” Situation.      Code of Civil Procedure section 1021.5, the so-called private attorney general statute, is a well-recognized exception to the American rule that parties bear their own litigation costs.

CCP Section 685.040: Fees Are Awardable In Separate Action Successfully Defended By Judgment Creditor To Avoid Reduction of Original Judgment By A Five-Sixths Margin

Cases: Judgment Enforcement, Cases: Standard of Review

Fourth District, Division Three Relies on Jaffe v. Pacelli In Reversing Denial of Fee Award to Judgment Creditor.      In our August 2, 2008 post, we reviewed the Second District’s decision in Jaffe v. Pacelli, 165 Cal.App.4th 927 (2008), which dealt with application of Code of Civil Procedure section 685.040. That provision specifies that when

Anti-SLAPP Fee Award Is Affirmed; No Apportionment Necessary Because Common Legal Issues Inextricably Intertwined With Merits

Cases: Allocation, Cases: SLAPP, Cases: Standard of Review

  Fourth District, Division Two Also Awards $6,000 Appellate Attorney’s Fees Without Remanding Back to Trial Court.      Defendant won three successive anti-SLAPP motions that were affirmed on appeal. Defendant was entitled to a mandatory fee award under Code of Civil Procedure section 425.16(c). Defendant requested that the lodestar fees of $55,505 (based on a

Two Winning Civil Rights Plaintiffs’ $421,357 Fee Award Affirmed On Appeal

Cases: Civil Rights, Cases: Lodestar, Cases: Standard of Review

Court of Appeal Sustains $336,800 Lodestar Plus 0.25 Multiplier.      Two high school freshmen sued the Poway School District, a principal, and an assistant principal, alleging various federal and state civil rights violations arising out of failure to quell peer sexual orientation harassment of an anti-gay nature.  Following a jury trial, the two plaintiffs were

Plaintiff’s Attempted Vindication Of His Own Rights After Employment Termination Did Not Entitle Him To Recoup Fees Under Either The Civil Rights Fee-Shifting Provision Or The Private Attorney General Statute

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

Second District, Division Two So Rules in Case Where Ex-Police Officer Did Not Prove a Civil Rights Violation and Never Obtained Reinstatement of His Former Position in the Police Department.             Plaintiff, an ex-police officer in the City of Torrance, was terminated based on a domestic violence incident resulting in his conviction

Sixth District Demonstrates Application Of Abuse of Discretion Standard … But Also Speaks Out On Whether Opposition’s Fees Are Probative In Fee Proceedings

Cases: Discovery, Cases: Standard of Review

Court of Appeal Sustains Lower Court Determination That Opposition Fee Effort Does Not Have To Be Considered.             Plaintiff and defendants settled a Home Equity Sales Contract Act case that crops up frequently in this age of subprime lender fallout cases.  A settlement was reached by which the trial court was imbued

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