Recent Articles
Allocation, Construction: Where Contractor Did Not Prevail On Contractual Provisions But Did Prevail On Prompt Payment Statutes, Lower Court’s Decision To Award Only A Quarter Of Requested Fees Was No Abuse Of Discretion
Goes To Show You That Discretionary Calls On Allocation Are Oft Times Affirmed On Appeal. K.G. Mullen, Inc. v. Kirakosian, Case No. B322602 (2d Dist.,…
Appealability, Prevailing Party, Special Fee Shifting Statutes: Because Order Taking A Civil Harassment Petition Off Calendar Was Not An Appealable Order, Denial Of Attorney’s Fees To Defense Had To Be Remanded To See If There Was A Prevailing Party
Whether A Prevailing Party Even Exists Should Be Determined By The Lower Court, But The Fee Motion Was Timely. In Raheb v. Williamson, Case No….
Private Attorney General: Orange County Superior Court Judge Awards $959,853.73 To Four Organizations Prevailing In California Freedom To Read Act Case
Private Attorney General Statutes Justified The Award. In a case garnering attention in a May 1, 2026 article “Judge says city must pay $1M in…
Section 998: In Lemon Law Car Case, Defense Offers To Correct Under CLRA And Acceptance Of Plaintiff 998 Offers Justified Denial Of Consumer Protection Prevailing Fees To Plaintiff
Also, Plaintiff Correctly Was Not Saddled With Routine Costs Against One Settling Defendant. In an interesting case for lemon law practitioners where correction offers and…
Private Attorney General: Real Parties In Interest And Intervenor Trade Association, Alleging A Direct Pecuniary Interest In Vindicating State Department Policies Which Were Not Upheld In Rodenticides Pesticides Case, Were Jointly And Severally Responsible For Attorney’s Fees To Prevailing Petitioner
After Some Lodestar Reductions And Grant Of A Positive 1.3 Multiplier, About $857,000 Was Petitioner’s Fee Award Affirmed On Appeal. This case involved a petitioner’s…
Probate, Reasonableness Of Fees: Probate Court’s Denial Of Successor Trustee’s Request For Attorney’s Fees Properly Denied
The Fee Request Correctly Denied Because Trustee Breached The Trust, Sought To Recover Impermissible Fees Defending Her Removal, And Were Unreasonable In Nature. Estate of…
Section 998: Where Plaintiff Only Obtained A $15,835 Personal Injury Jury Verdict, After Rejecting An Earlier CCP § 988 Offer For $50,000, Plaintiff Properly Was Saddled With Post-Judgment Costs Of The Defense
Plaintiff’s Failure To Develop A Reasoned Appellate Argument For Reversal Doomed The Appeal. In Cardeas v. Solorzano, Case No. A172766 et al. (1st Dist., Div….
Homeowner Associations: $816,260.08 Fee/Costs Award Under Davis-Stirling Act Fee Shifting Provision Affirmed On Appeal In HOA’s/Affiliates’ Favor
Case Shows How These Disputes Can Be Heartbreaking For Either Side. Burnside v. 1545 Broadway Homeowners Assn., Case No. A171368 et al. (1st Dist., Div….
Arbitration: Where A Party Prevailed After Multiple Appeals And After Post-Arbitration Proceedings In Which Consumer Loan Interest/Loan Fee Provisions Were Voided, The Award Of Prevailing Party Fees Totaling $900,718 Was Proper
A Final Determination Was Made: Client Prevailed, And To The Victor Went The Spoils –Substantial Attorney’s Fees. Once again, Law Finance Group, LLC v. Key,…
SLAPP: Partially Prevailing Defendant’s SLAPP Fee Request Was Properly Denied By The Lower Court
Defense Motion Only Knocked Out An Injunctive Relief Remedy And One Other Claim Which Had Factual Issues Still Remaining On Non-Stricken Claims. In Bagish v….
Costs: $38,568.63 Costs Award For Administrative Record Preparation In Favor Of Prevailing City Was Affirmed On Appeal
Plaintiff’s Failure To Include The Costs Memorandum Was Fatal. Citizens Against Marketplace Apt./Condominium Development v. City of San Ramon, Case Nos. A170988 et al. (1st…
Special Fee Shifting Statutes: CCP § 473(a) Does Not Allow A Lower Court To Award Attorney’s Fees As A Condition Of Allowing An Amendment To Pleadings
4/1 DCA Disagreed With Treatise Commentary And An Older, Antiquated Supreme Court Case To The Contrary. In Amezcua v. Superior Court, Case No. D087216 (4th…
Family Law: Trial Court Abused Its Discretion By Basing Denial Of Section 2030 Fees And Costs Request On Grandmother’s Misuse Of Grandchildren’s 529 Accounts And Her Lack Of A Significant Relationship With Grandchildren
The Trial Court Was Required To Issue An Award Based On Whether Mandatory Findings Demonstrated Disparity In Access To Funds And Ability To Pay. In…
Appeal Sanctions, Ethics, Sanctions, SLAPP: 1/4 DCA Affirms $41,580 Attorney’s Fees Award Against Self-Represented Appellant For Previous Appeal, Imposes $10,000 In Sanctions For Frivolous Appeal, And Remands To Lower Court For Award Against Appellant For Fees Incurred By Respondent On Latest Appeal
In A Masterclass Of What Not To Do On Appeal, Self-Represented Appellant Challenged A Fee Award Ordered Against Him By Rehashing Issues Determined Previously On…
Interest, Special Fee Shifting Statutes: In A False Claims Act Case, Postjudgment Interest Ran From The Date Of A Fees Award, Not An Earlier Order Confirming A Settlement
Earlier Order Did Not Qualify As A Money Judgment. Agreeing and disagreeing with some other circuits, the Ninth Circuit in Thrower v. Academy Mortgage Corp.,…
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Allocation, Construction: Where Contractor Did Not Prevail On Contractual Provisions But Did Prevail On Prompt Payment Statutes, Lower Court’s Decision To Award Only A Quarter Of Requested Fees Was No Abuse Of Discretion
Goes To Show You That Discretionary Calls On Allocation Are Oft Times Affirmed On Appeal. K.G. Mullen, Inc. v. Kirakosian, Case No. B322602 (2d Dist., Div. 3 May 4, 2026) (unpublished) primarily involved a construction “change order” dispute between a contractor and residential owner over construction of a steel deck at owner’s house. After a…
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Appealability, Prevailing Party, Special Fee Shifting Statutes: Because Order Taking A Civil Harassment Petition Off Calendar Was Not An Appealable Order, Denial Of Attorney’s Fees To Defense Had To Be Remanded To See If There Was A Prevailing Party
Whether A Prevailing Party Even Exists Should Be Determined By The Lower Court, But The Fee Motion Was Timely. In Raheb v. Williamson, Case No. B343023 (2d Dist., Div. 6 May 4, 2026) (unpublished), petitioner sought to obtain a temporary restraining order against defendant, a condominium community fellow resident. This request was denied pending a…
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Private Attorney General: Orange County Superior Court Judge Awards $959,853.73 To Four Organizations Prevailing In California Freedom To Read Act Case
Private Attorney General Statutes Justified The Award. In a case garnering attention in a May 1, 2026 article “Judge says city must pay $1M in court fees” published in the May 1, 2026 edition of The Orange County Register, Orange County Superior Court Judge Lindsey E. Martinez did award four organizations, in a tentative ruling,…
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Section 998: In Lemon Law Car Case, Defense Offers To Correct Under CLRA And Acceptance Of Plaintiff 998 Offers Justified Denial Of Consumer Protection Prevailing Fees To Plaintiff
Also, Plaintiff Correctly Was Not Saddled With Routine Costs Against One Settling Defendant. In an interesting case for lemon law practitioners where correction offers and CCP § 998 offers are involved, the appellate court in Elikov v. Hyundai of Folsom, LLC, Case No. C099253 (3d Dist. Apr. 30, 2026) (unpublished) affirmed a denial of attorney’s…
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Private Attorney General: Real Parties In Interest And Intervenor Trade Association, Alleging A Direct Pecuniary Interest In Vindicating State Department Policies Which Were Not Upheld In Rodenticides Pesticides Case, Were Jointly And Severally Responsible For Attorney’s Fees To Prevailing Petitioner
After Some Lodestar Reductions And Grant Of A Positive 1.3 Multiplier, About $857,000 Was Petitioner’s Fee Award Affirmed On Appeal. This case involved a petitioner’s challenge in a public interest litigation to the Department of Pesticide Regulations’ need to reevaluate five rodenticides. Department alone was not involved, with real parties in interest and intervenors claiming…
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Probate, Reasonableness Of Fees: Probate Court’s Denial Of Successor Trustee’s Request For Attorney’s Fees Properly Denied
The Fee Request Correctly Denied Because Trustee Breached The Trust, Sought To Recover Impermissible Fees Defending Her Removal, And Were Unreasonable In Nature. Estate of Disney, Case No. A171426 (1st Dist., Div. 2 Apr. 28, 2026) (unpublished) was a situation where successor trustee of grandmother’s trust was granted trustee’s and attorney’s fees/costs of a substantial…