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Appealability, Probate, Sanctions: Plaintiff Did Not Appeal Attorney Fee and Sanctions Orders, But The 2/1 DCA Reversed Them On Appeal When Plaintiff Appealed Trial Court’s Denial Of His Motion To Vacate
Defendant Lacked Standing For The Initial Fee Motion It Brought – Nullifying The Order Granting The Motion And Each Subsequent Order Based On Plaintiff’s Failure…
Multipliers, Private Attorney General, Reasonableness of Fees: 2/3 DCA Reverses And Remands For Reconsideration An Attorney Fees Award Of $83,197.50 – Finding Abuse Of Discretion Where Trial Court Awarded Excessive Fees Unsupported By The Record
The Trial Court, Which Is Not Allowed To Rubberstamp An Attorney Fees Request, Failed To Explain Its Reasoning For The Award That Included A $750…
Retainer Agreements: Law Firm Seeking To Recover More Than $1.7 Million In Fees And Costs For Its Representation Of Former Los Angeles Sheriff Alex Villanueva Loses Attempt To Enforce Engagement Letter Entered Into With Former Sheriff
Former Sheriff Had Authority To Select, Not To Retain, Independent Counsel To Represent Him In Writ Petition Filed By County To Challenge Villanueva’s Authority To…
Arbitration, Employment, Sanctions: Trial Court Correctly Determined That Employer Breached Parties’ Arbitration Agreement By Failing To Timely Pay Arbitration Fees Where Employer Argued 30-Day Deadline Was Never Triggered Because Employer’s Counsel, Not Employer, Was Served With The Arbitration Invoice
However, The 4/3 DCA Reversed And Remanded For The Trial Court’s Determination As To Whether Employer’s Failure To Timely Pay Arbitration Fees Should Be Excused…
Homeowner Associations: 4/3 DCA Upholds $401,918.50 Attorney’s Fees and $21,029.23 Costs Awards Against Defendant Homeowners For Breach Of CC&Rs, Trespass, And Nuisance Based On Performance Of Unapproved Demolition and Modifications Work
HOA Was Not Required To Submit To Alternative Dispute Resolution Before Filing Its Complaint Based On The Monetary Damages Claimed. After performing unauthorized modification and…
Arbitration, Employment, Sanctions: Trial Court’s Grant Of 1281.98 Motion To Return Case To Court When Employer Failed To Pay Arbitration Fees Within 30 Days And Award Of Related Monetary Sanctions Reversed On Appeal
Section 1281.98 Was Inapplicable Because The Arbitration Agreement Was Governed By The Provisions Of The Federal Arbitration Act. In Howitson v. Evans Hotels, Case No….
Ethics, Retainer Agreements: $1.5 Million In Pretrial Attachment Orders For Unpaid Fees Were Affirmed
Because Provisional Remedies Are Gauged To Prevent Dissipation Of Assets, MFAA Notice Did Not Need To Be Brought Where Clients Were Aware Of These Rights….
Family Law, Sanctions: $5,000 Family Code 271 Sanctions Were Not Appealable
They Did Not Exceed The $5,000 Threshold Under CCP § 904.1(a)(12), And They Cannot Be Aggregated With Prior Sanctions To Reach The Appealable Threshold. Lin…
Default Judgments: Although Unpublished, 4/2 DCA Issues An Opinion Saying That Attorney’s Fees Must Be Listed In An Entry Of Default Form In Non-Statement Of Damages Cases In Order To Recover Them In Subsequent Default Judgment Proceedings
If This Is Correct, Attorneys Must List Fees, Which Are Not Damages, As A Line Item In The CIV-100 Form For Purposes Of Preserving Them…
Special Fee Shifting Statutes: Reversal Of Navajo-Hopi Settlement Act Case Involving Relocation Benefits, Based On Lack Of Substantial Evidence, Justified Affirmance Of Over $94,600 In EAJA Fees To Plaintiffs
“Incurred” Under EAJA Is An Expansive Term, Encompassing Pro Bono Or Derivative Efforts. Plaintiffs, in Benally v. U.S. Office of Navajo and Hopi Indian Relocation,…
Arbitration: Returning Case To Court Based On Tardy Employer Payment Of Arbitration Expenses Reversed Because The Error Was An Operational Mistake
However, CCP Section 1281.99 Sanctions Award Was Affirmed For Employee’s Time Incurred To Pursue Efforts Based On Employer’s Tardiness. We predicted that many decisions under…
Private Attorney General: Where Winning Plaintiff Avoided A Catastrophic Disruption Of Its Business By Challenging Rescission Of A Scrap Metal Policy, It Properly Was Denied CCP Section 1021.5 Fees Under Whitley Cost-Benefit Analysis
Plaintiff’s Financial Burden Not Out Of Proportion To Its Individual Stake In The Case. In Pacific Auto Recycling Centers, Inc. v. Calif. Dept. of Toxic…
Arbitration: For 30-Day Employer Deadline To Pay Arbitration Expenses, Hohenshelt Decision Causing Remands Or Affirmance Of Trial Court Finding Justification For Later Payment Timing
We Predict More Remands For Pre-Hohenshelt Rulings. Hohenshelt v. Superior Court, 18 Cal.5th 310 (2025) changed the strict application of CCP sections 1281.97 and 1281.98…
Employment, Private Attorney General: Labor Code Section 432.6 Polygraph Rights Provision Did Not Justify Fee Award For September 2018 Firing And Where Waiver Of Employment Rights Was Not Involved
CCP Section 1021.5 Was Inapt Because Plaintiff Was Only Vindicating Personal Wrongs. In McDoniel v. Kavry Mgt., LLC, Case No. D084660 (4th Dist., Div. 1…
Appeal Sanctions, SLAPP: $68,238.62 Fee Award To Defense Affirmed On Appeal
Plaintiffs’ Lead Counsel Sanctioned $13,000 For Bringing A Frivolous Appeal, Payable To The Appellate Court. In G.W. v. Coronado Unified School District, Case No. D083991…
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Appealability, Probate, Sanctions: Plaintiff Did Not Appeal Attorney Fee and Sanctions Orders, But The 2/1 DCA Reversed Them On Appeal When Plaintiff Appealed Trial Court’s Denial Of His Motion To Vacate
Defendant Lacked Standing For The Initial Fee Motion It Brought – Nullifying The Order Granting The Motion And Each Subsequent Order Based On Plaintiff’s Failure To Comply With Void Initial Fee Order After being fired by Plaintiff trustee, Defendant law firm successfully brought a motion for fees under Probate Code § 17200. When trustee failed…
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Multipliers, Private Attorney General, Reasonableness of Fees: 2/3 DCA Reverses And Remands For Reconsideration An Attorney Fees Award Of $83,197.50 – Finding Abuse Of Discretion Where Trial Court Awarded Excessive Fees Unsupported By The Record
The Trial Court, Which Is Not Allowed To Rubberstamp An Attorney Fees Request, Failed To Explain Its Reasoning For The Award That Included A $750 Hourly Rate And A 1.5 Positive Multiplier Despite The Lack Of Complexity and Risk Involved In The Case In Immigrant Rights Defense Council, LLC v. Ramirez, Case No. B342780 (2d…
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Retainer Agreements: Law Firm Seeking To Recover More Than $1.7 Million In Fees And Costs For Its Representation Of Former Los Angeles Sheriff Alex Villanueva Loses Attempt To Enforce Engagement Letter Entered Into With Former Sheriff
Former Sheriff Had Authority To Select, Not To Retain, Independent Counsel To Represent Him In Writ Petition Filed By County To Challenge Villanueva’s Authority To Settle A Civil Lawsuit Filed By A Terminated Deputy. When the County of Los Angeles sued former Los Angeles Sheriff Alex Villanueva and the Los Angeles County Sheriff’s Department to…
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Arbitration, Employment, Sanctions: Trial Court Correctly Determined That Employer Breached Parties’ Arbitration Agreement By Failing To Timely Pay Arbitration Fees Where Employer Argued 30-Day Deadline Was Never Triggered Because Employer’s Counsel, Not Employer, Was Served With The Arbitration Invoice
However, The 4/3 DCA Reversed And Remanded For The Trial Court’s Determination As To Whether Employer’s Failure To Timely Pay Arbitration Fees Should Be Excused Pursuant To Hohenshelt. In Springs v. SBM Site Services, Case No. G063924 (4th Dist., Div. 3 October 23, 2025) (unpublished), the trial court vacated its prior order compelling arbitration because…
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Homeowner Associations: 4/3 DCA Upholds $401,918.50 Attorney’s Fees and $21,029.23 Costs Awards Against Defendant Homeowners For Breach Of CC&Rs, Trespass, And Nuisance Based On Performance Of Unapproved Demolition and Modifications Work
HOA Was Not Required To Submit To Alternative Dispute Resolution Before Filing Its Complaint Based On The Monetary Damages Claimed. After performing unauthorized modification and demolition work, Defendant homeowners in Tennis Villas at Monarch Beach Homeowners Assn. v. Ure, Case Nos. G063452/G063954 (4th Dist., Div. 3 October 21, 2025) (unpublished) were sued by their HOA…
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Arbitration, Employment, Sanctions: Trial Court’s Grant Of 1281.98 Motion To Return Case To Court When Employer Failed To Pay Arbitration Fees Within 30 Days And Award Of Related Monetary Sanctions Reversed On Appeal
Section 1281.98 Was Inapplicable Because The Arbitration Agreement Was Governed By The Provisions Of The Federal Arbitration Act. In Howitson v. Evans Hotels, Case No. D085078 (4th Dist., Div. 1 October 20, 2025) (unpublished), defendant employer failed to pay an arbitration retainer within 30 days, leading Plaintiff to successfully move under CCP section 1281.98 of…