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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…
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)…
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….
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….
Arbitration: Where Defendant Paid On Last Day But There Was A Lag Due to Electronic Payment Transmission, Plaintiff Was Not Entitled To CCP Section 1281.98 Late Payment Fees
Defense Conduct Was Not Willful, Grossly Negligent, or Fraudulent Under Hohenshelt. We have now one…
Special Fee Shifting Statutes: Litigant Successfully Annulling Contempt Order In Workplace Restraining Order Proceedings Properly Was Denied An Attorney’s Fees Award
None Of The Claimed Bases Justified A Fees Award. In City of Grass Valley v….
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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 of Toxic Substances Control, Case No. B338236 (2d Dist., Div. 1 Sept. 30, 2025) (unpublished), PARC, a scrap metal recycler, successfully challenged DTSC’s rescission of a policy—one which had excluded some scrap…
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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 in regards to employers paying arbitration expenses within 30 days of an invoice under penalty of having to return to court, finding that tardy payments could be forgiven for good…
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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 Sept. 30, 2025) (published), plaintiff was not advised of rights to refuse to submit to a polygraph test as a condition of continued employment under Labor Code section 432.2 and…
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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 (4th Dist., Div. 1 Sept. 29, 2025) (unpublished), plaintiffs lost a SLAPP motion which eviscerated their Complaint. The defense then was awarded $68,238.62 in mandatory SLAPP fees, the full request,…
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Arbitration: Where Defendant Paid On Last Day But There Was A Lag Due to Electronic Payment Transmission, Plaintiff Was Not Entitled To CCP Section 1281.98 Late Payment Fees
Defense Conduct Was Not Willful, Grossly Negligent, or Fraudulent Under Hohenshelt. We have now one of first opinions, although unpublished, which deals with how CCP section 1281.98 tardy payment of fees are dealt with, given the California Supreme Court’s recent opinion in Hohenshelt v. Superior Court, 18 Cal.5th 310 (2025). In Wilson v. TAP Worldwide, Inc.,…
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Special Fee Shifting Statutes: Litigant Successfully Annulling Contempt Order In Workplace Restraining Order Proceedings Properly Was Denied An Attorney’s Fees Award
None Of The Claimed Bases Justified A Fees Award. In City of Grass Valley v. Coulter, Case No. C102046 (3d Dist. Sept. 19, 2025) (unpublished), City obtained a workplace restraining order against Coulter under CCP section 527.8, subsequently later obtaining a contempt order against Coulter for violating the restraining order. The contempt order was annulled…