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Section 998: Defendant Correctly Granted A Motion For Judgment Notwithstanding The Verdict In An Asbestos Personal Injury Case Was Properly Awarded Expert Witness Fees And Other Costs As Against Plaintiffs Based On Successful Section 998 Offer
Dismissal With Waiver Of Costs Was A Valid And Reasonable Good Faith Offer Under The Circumstances. In Collantes v. Union Carbide Corporation, Case Nos. B335555/B338371 (2d…
Nonsignatories, Reasonableness Of Fees, Section 1717: $313,830 Contractual Fee Award Under Medical Center’s By-Laws Affirmed On Appeal Against Plaintiff Physician
Section 1717 Was Not Preempted By Business And Professions Code Section 809.1, With Plaintiff’s Wife Not Liable For Fees And With Reductions In Fees Sustained…
Off Topics: Study Of Attorney’s Fees Awards In Settlements Of Parallel Securities Derivative Actions, From 2019 Through The First Half Of 2026, Provides Some Interesting Statistical Information
Fee Awards In Settlements With No Monetary Component Were Lower. Cornerstone Research, drawing from a variety of sources relating to settlements in parallel securities derivative…
Costs, Section 998: Last Offer Rule Applies In Gauging Whether Plaintiff Prevailed After A Trial Ruling
This Rule Prevents Gamesmanship And Mischief, According To The Court Of Appeal. Meehan v. Aguirre, Case No. B343396 (2d Dist., Div. 3 Sept. 15, 2026)…
Family Law: $40,000 Needs-Based Award To Ex-Wife Was Affirmed On Appeal Despite Some Conflicting Rulings
In The End, The Award Was Just Because Ex-Husband Drove Up The Costs Of The Litigation. Marriage of Houghteling, Case No. B348954 (2d Dist., Div….
Section 998: Personal Injury Plaintiff, In Low Collision Bike-Car Accident, Properly Was Assessed With $99,800 In Costs After Rejecting A 998 Offer Of $20,000 In The Wake Of A Subsequent Defense Jury Verdict
Most Of The Costs Were Expert Witness Fees. Although attorney’s fees in California are rarely at issue in normal personal injury cases, CCP section 998…
Arbitration: Study Of FINRA Arbitration Awards From 2015-2024 Has Some Interesting Statistical Findings
Arbitration Fee Awards Are Spiking Upwards Over The Years. Arbitrator-X.com has an interesting statistical survey of attorney’s fees awards in Financial Industry Regulatory Authority (FINDRA)…
Off Topics, Substantiation Of Reasonableness Of Fees: Florida’s Sixth District Court of Appeal Finds That Expert Testimony And An Evidentiary Hearing Are Not Required Before A Lower Court Can Fashion An Attorney’s Fees Award
Although Only Applicable To Certain Florida Counties, It Is More In Line With California And Federal Approaches. Although we usually concentrate on California cases, the…
Sanctions: Orange County Superior Court’s Appellate Division Publishes Order Sanctioning Defendant’s Attorneys For Filing Briefs With AI Hallucinations
End Of The Order Makes Clear That The Appellate Division Will Report Imposition Of Sanctions On This Issue To The California State Bar. In Southland Homes…
Employment, Multipliers: Plaintiff Prevailing Under California’s Whistleblower Statutes Correctly Was Awarded Over $2.92 Million In Fees And $210,000 In Costs
Defendant’s Challenge To Application Of A 1.5 Positive Multiplier Was Rebuffed On Appeal. The California Whistleblower Protection Act (CWPA), Gov. Code section 8547 et seq.,…
Family Law: After Making Findings That Husband Had Better Access To Funds And Wife Had Overlitigated The Dissolution Case, Appellate Court Affirmed Lower Court’s Decision To Have Husband Waive A Spousal Support Overcharge In Consideration Of Waiving His Lesser Section 2030 Award To Wife
Husband’s Waiver Of A $12,750 Spousal Support Overpayment By Husband In Return For Foregoing Payment Of An Additional 2030 Award Of $4,000 To Wife Was…
Appealability, Landlord/Tenant, Non-Signatories, Reasonableness Of Fees: Prevailing Defendant Tenants, Including Two Non-Signatory Occupants, Properly Were Awarded Contractual Attorney’s Fees Under Lease Provisions When Defendants Defensed Plaintiff Landlord’s Unlawful Detainer Action Based On An Invalid Three Day-Notice
Fee Award Was $50,000, A Contractually Capped Amount, Even Though Defendants’ Counsel Expended $73,865 In Fees. In SM 10000 Property, LLC v. Chakchay, Case No. B350752…
Choice of Law, Prevailing Party: Where Plaintiffs Dismissed Contractual Claims, A Defendant Was Not Entitled To Attorney’s Fees In The Suit, Excluding Prior SLAPP Fee Recovery, Because Defendant Forfeited The Claim That New York Law Applied By Using California Law At Important Junctures Of The Litigation
Defendant’s Fee Request Was For Around $3.215 Million. Although this litigation was fierce, with defense parties winning SLAPP fees and contractual fees under California law,…
Sanctions: D.C. Circuit Sanctions An Appellee In A Federal Appeal By Striking Its Responding Brief For Containing AI Hallucinations
In A Per Curiam Published Order, Concurring Justice Touches On Some Other Issues In The Case. The D.C. Circuit federal appeals court has published a…
Special Fee Shifting Statutes: Six Plaintiffs Obtaining A $3.85 Million Jury Verdict After Seven Years Of Litigation Were Awarded $4,815,033.25 In Attorney’s Fees
Fee-Shifting Statute Was A Provision In The Trafficking Victims Protection Act. In Moore, et al. v. Rubin, No. 25-613-v (2d Dist. Sept. 4, 2026), the Second…
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Section 998: Defendant Correctly Granted A Motion For Judgment Notwithstanding The Verdict In An Asbestos Personal Injury Case Was Properly Awarded Expert Witness Fees And Other Costs As Against Plaintiffs Based On Successful Section 998 Offer
Dismissal With Waiver Of Costs Was A Valid And Reasonable Good Faith Offer Under The Circumstances. In Collantes v. Union Carbide Corporation, Case Nos. B335555/B338371 (2d Dist., Div. 7 Sept. 16, 2026) (unpublished), a defendant suffering an adverse jury verdict in an asbestos case obtained a judgment notwithstanding the verdict based on a post-trial motion for…
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Nonsignatories, Reasonableness Of Fees, Section 1717: $313,830 Contractual Fee Award Under Medical Center’s By-Laws Affirmed On Appeal Against Plaintiff Physician
Section 1717 Was Not Preempted By Business And Professions Code Section 809.1, With Plaintiff’s Wife Not Liable For Fees And With Reductions In Fees Sustained On Appeal. A plethora of fee issues were addressed in Sujan v. UHS Corona, Inc., Case No. E084185 (4th Dist., Div. 2 Sept. 16, 2026) (published) after the lower and appellate courts…
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Off Topics: Study Of Attorney’s Fees Awards In Settlements Of Parallel Securities Derivative Actions, From 2019 Through The First Half Of 2026, Provides Some Interesting Statistical Information
Fee Awards In Settlements With No Monetary Component Were Lower. Cornerstone Research, drawing from a variety of sources relating to settlements in parallel securities derivative actions from 2019 through mid-2026, has some statistical information on the fee awards in these settlements in federal cases (specifically 301 securities class actions). Here are the takeaways: (1) the…
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Costs, Section 998: Last Offer Rule Applies In Gauging Whether Plaintiff Prevailed After A Trial Ruling
This Rule Prevents Gamesmanship And Mischief, According To The Court Of Appeal. Meehan v. Aguirre, Case No. B343396 (2d Dist., Div. 3 Sept. 15, 2026) (published) dealt with a situation where a personal injury plaintiff made three CCP section 998 offers for $1 million to defendants, all not accepted. A fourth offer was made for…
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Family Law: $40,000 Needs-Based Award To Ex-Wife Was Affirmed On Appeal Despite Some Conflicting Rulings
In The End, The Award Was Just Because Ex-Husband Drove Up The Costs Of The Litigation. Marriage of Houghteling, Case No. B348954 (2d Dist., Div. 6 Sept. 14, 2026) (unpublished) is interesting because the family law judge made some conflicting statements about the disparity to access factors, finding that maybe both sides had the same…
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Section 998: Personal Injury Plaintiff, In Low Collision Bike-Car Accident, Properly Was Assessed With $99,800 In Costs After Rejecting A 998 Offer Of $20,000 In The Wake Of A Subsequent Defense Jury Verdict
Most Of The Costs Were Expert Witness Fees. Although attorney’s fees in California are rarely at issue in normal personal injury cases, CCP section 998 can be a cost-shifting statute of significance for either side given that expert fee expenses can be significant and can be awarded to the “winner” of a well-crafted 998 offer—all…