Cases: Trespass

Costs, Prevailing Party, Private Attorney General, Section 998, Trespass: Prevailing Defendant/Cross-Complainant Obtains Attorney’s Fees Under Trespass Fee Shifting Statute Despite Receiving Nominal Damages And Also Receives Routine Costs

Cases: Costs, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Section 998, Cases: Trespass

Losing Plaintiff/Cross-Defendant Denied Private Attorney General Fee Request In Opinion With Several Cross-Over Issues.              Direct Action Everywhere SF Bay Area etc. v. Diestel Turkey Ranch, Case No. A162702 (1st Dist., Div. 2 Mar. 1, 2023) (unpublished) is an opinion with many cross-over issues as identified in our main title to this post.             In […]

Trespass: 4/2 DCA Affirms Denial Of Code of Civil Procedure Section 1021.9 Attorney Fees To Cross-Complainant Achieving Partial Success On Trespass Claim

Cases: Trespass

Trespass Claims Were Brought Only For The Purpose Of Recovering Attorney Fees To Which Cross-Complainant Would Otherwise Not Be Entitled As Their Lawsuit Was, At Its Core, A Quiet Title Action To Settle A Boundary Dispute.             Code of Civil Procedure § 1021.9 allows for the recovery or reasonable attorney fees to the prevailing party

Substantiation Of Reasonableness Of Fees, Trespass: Fee Recovery To Plaintiffs In Federal-State Court Agricultural Trespass Case Affirmed On Appeal

Cases: Substantiation of Reasonableness of Fees, Cases: Trespass

Fees In Federal Case Were A Continuation Of The Entire Litigation, And Reconstructed Time Can Be Credited Under The Right Circumstances.             The parties in Shuler v. Capital Agricultural Property Services, Inc., Case No. B294555 (2d Dist., Div. 6 June 24, 2020) (unpublished) came to the end of an agricultural trespass case which went before

Trespass: Kelly v. House Decision Now Partially Published

Cases: Trespass

Published Part Discusses Scope of Agricultural Trespass Fee-Shifting Statute, CCP § 1021.9.             CCP § 1021.9 provides: “In any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the raising of livestock, the prevailing plaintiff shall be entitled to reasonable attorney’s fees

Allocation, Section 998, Trespass: 4/1 DCA Affirms Award Of $289,153.75 In Fees Under CCP § 1021.9 To Plaintiff Who Used Land For Intended Nursery Plantings As Against Neighboring Rock Quarry

Cases: Allocation, Cases: Section 998, Cases: Trespass

Section 1021.9 Applies To Land Characteristic As A Whole, Not Just Portion Of Land Trespassed Upon; Pre-Offer Fees And Costs Did Not Disturb The Result Under CCP § 998.             In Hoffman v. Superior Ready Mix Concrete, L.P., Case No. D072929 (4th Dist., Div. 1 Dec. 19 2018) (published), plaintiff owned property intended to be

Trespass: $1.636 Million In Fee Recovery Under CCP § 1021.9 Remanded After $500,000 Out Of $1.82 Million Compensatory Verdict Reversed

Cases: Trespass

  Land Under Cultivation Trespass Fee-Shifting Statute Involved.      Rathje v. Southern California Edison Co., Case No. B250166 (2d Dist., Div. 6 Oct. 21, 2015) (unpublished) is an interesting case involving nuisance, trespass by fire, and other claims arising when a lavender crop was destroyed when utility lines overhead struck one another from Santa Ana

Trespass: Absence Of Tangible Injury To Real Property Resulted In Reversal Of Fee Recovery Where Boundary Dispute Resulted In Nominal Damages To Vineyard

Cases: Trespass

  $117,000 Fee Recovery Under CCP § 1021.9 Went Away On Appeal.      Belle Terre Ranch, Inc. v. Wilson, Case No. A137217 (1st Dist., Div. 4 Jan. 13, 2015) (partially published; fee discussion published) involved the legal interpretation of Code of Civil Procedure section 1021.9, which mandates an award of fees to a prevailing party

Trespass: Civil Code Section 3334, Ejectment Statute, Does Allow For Recovery Of Costs But Not Attorney’s Fees

Cases: Trespass

  Absence of Fee Entitlement Language is Dispositive.      Justice Ikola, in a trespass/nuisance/ejectment case involving an encroachment into neighboring land, started out Seraji v. Demirjian, Case No. G048611 (4th Dist., Div. 3 July 17, 2014) (unpublished) this way: “It is often said that good fences make good neighbors. One might wonder whether there actually

Civil Rights FEHA/Family Law/Special Agricultural Fee Shifting Statute/Trespass Dominate Unpublished Decisions For January 15, 2014

Cases: Civil Rights, Cases: Family Law, Cases: Special Fee Shifting Statutes, Cases: Trespass

  Civil Rights FEHA: Chiang v. County of Los Angeles, Case No. B238948 (2d Dist., Div. 1 Jan. 15, 2014) (Unpublished).      County won summary judgment but appealed the lower court’s refusal to award it requested attorney’s fees of $324,098.80 as the prevailing party. The appellate court affirmed the conclusion that fees are not guided

Costs/Substantiation Of Fees/Trespass: Fifth District Decision, With Its Reversal Requiring New Fee Reconsideration On Remand, Offers Some Clues . . .

Cases: Costs, Cases: Substantiation of Reasonableness of Fees, Cases: Trespass

  . . . On Adequate Fee Substantiation, Cost Recovery Under Civil Code Section 3334(a), And Deadlines For Submitting Amended Fee Request Information      This next case is a wild thing, a second appeal involving litigants entangled in a subsurface trespass case where plaintiff was seeking to recover for defendant’s environmental contamination of its groundwater.

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