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Recent Posts
- Retainer Agreements: Diane Karpman Has Some Nice Reminders In February 2010 Edition of the California Bar Journal
- Special Fee Shifting Statutes: Chacon Opinion Involving San Francisco Rent Stabilization and Arbitration Ordinance Is Published.
- Family Law: Fees On Appeal Are A Matter For Trial Courts Consideration First
- Class Action And Arbitration Crossover: Appellate Court Affirms Arbitrator Computational Error Correction In Class Action Attorneys Fee Allocation Dispute
- Civil Code Section 1717: You Gotta Have A Contract Predicate As A Condition Of 1717 Fee Recovery
- California Disabled Persons Act: State Appellate Decision Finds That ADA Does Not Preempt, So Prevailing Defendant Entitled To Fee Award Without Showing Action Was Frivolous, Unreasonable, Or Groundless
- SLAPP: $24,442.50 Fee Award To City Of Pico Rivera Goes POOF Upon Reversal of SLAPP Grant
- Jurisdiction To Award Fees And Prevailing Party Status: Borrower Substantially Reducing Loan Exposure Through Usury Defense Awarded Fees Of $43,960
- For Our Venerable Readers
- Routine Costs: Court Has Discretion To Award Where No Net Monetary Recovery Or Only Limited Success Achieved In Declaratory Relief Action
- Consumer Fee-Shifting Statute: Plaintiff Obtains Fee Recovery In Lemon Law Case Against GM
- Prevailing Party: California Supreme Court Decides Goodman v. Lozano
- Mediation Clause: Fee Recovery Affirmed For Seller Where She Produced Evidence Of Not Receiving Mediation Requests
- Special Fee Shifting Statute: Fee Recovery Under Hyde Amendment Overturned
- Civil Code Section 1717: Attorneys Fees Awarded To Assignor And Against Assignee Reversed Where Nothing Showed Ability to Recoup Fees From the Assignment Relationship
- Civil Rights: Nominal Damages In Civil Rights Case Involving Novel Issue and Deterrence Justifies $136,687.35 Fee Recovery Under Section 1983
- Rent Stabilization Ordinance: East Palo Alto Ordinance Does Not Allow For Fee Recovery in Actions Between Landlord And The City
- In The News . . . . Spammer Gets Whacked With Attorneys Fees And O.C. Treasurer-Tax Collector Chriss Street Has Spent A Lot of Fees In Pending Bankruptcy Litigation Case
- Section 998: $78,107.37 Costs Award Affirmed In Personal Injury Action
- Unconscionability: One-Side Arbitration Provision Found to Be Permeated by Unconscionability
- Arbitration: Homeowner Associations Failure to Show it Requested Homeowner to Arbitrate Under CCR Provision and that Homeowner Refused to Arbitrate Results in Denial of Petition to Arbitrate and Overturning of Fees Award.
- Indemnity And Apportionment: $402,596.40 Fee Award Affirmed In Refusal To Defend Dispute
- Partition: Trial Court Did Not Err In Awarding $95,267.41 In Attorneys Fees To Plaintiff In Partition Action, Where Incurred For A Common Benefit
- In The News . . . . Orange County Settles San Juan Capistrano Pepper Gun Case For Almost $1.6 Million
- In The News . . . . January 2010 Issue Of The Orange County Lawyer Does Cover Some Fees Issues.
- Choice Of Law: Californias Civil Code Section 1717 Reciprocity Policy Trumped Wisconsin Unilateral Fee Clause Choice Of Law To The Contrary
- Arbitration: Trial Court Erroneously Vacating Entire Arbitration Award, Rather Than Just Part Of Award Against Nonsignatories, Must Reconsider Propriety of Arbitrators Fee Award On Remand
- Prevailing Party: Appeal Dismissed As Moot Where Final Resolution Has Not Yet Been Reached In Entire Dispute
- In The News . . . . City Of Long Beach Recoups Millions From AIG In Settlement/Fee Reimbursement Action
- Section 998: Winning Defendants In Landslide Dispute Awarded $19,127 In Expert Fees Under 998
- Reasonableness Of Fees: Winning HOA Unit Owners Obtain $238,426 In Attorneys Fees, But Fail At Obtaining $62,056 More
- Rent Stabilization Ordinance: Winning Plaintiffs In Wrongful Eviction Action Awarded $306,321.50 In Attorneys Fees
- In the News . . . . Circuit Judge Posner Criticizes Lawyers Representing Suing Class Action Attorney For Failing to Rein Him In During Fee Fight With His Former Firm
- Family Law: Fee Awards Against Former Husband In Family-Related Partition And Quiet Title Actions Reversed
- Civil Rights: CCP 1038 Does Not Apply To Unsuccessful 1983 Civil Rights Claims
February 2010
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- 2008-2009 Marc Alexander & William M. Hensley
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RESEARCH
- Civil Rights: Student Obtaining Eligibility Category Determination Under IDEA Entitled to Attorneys Fees Recovery
- Consumer Statutes: Attorneys Fees Not Authorized To Prevailing Party Under CCP 527.8 For Winning Harassment Injunction
- Reasonableness Of Fees: Fifth District Gives Us Some Insights Into Their Thinking On the Subject
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