Recent Articles
Equity: Two Of Our Readers Obtained An Award Of Attorney’s Fees And Costs For Their Client (A Defendant/Cross-Complainant) As A Condition Of A Superior Court’s Order Equitably Vacating A Default Against A Cross-Defendant
This Is One Of The Larger Fee/Costs Award We Have Seen In This Area, But The Fees And Costs Encompassed Several Other Pre-Trial Proceedings On…
Costs: Prevailing Party’s Cost Memorandum Was Timely Filed After Entry Of Judgment On A Retrial Following An Earlier Granting Of A New Trial Motion
Also, Appellant’s Apportionment Argument Based On Relative Successes Had No Factual Analysis, So It Was Rejected. In Mileck v. Mileck, Case No. A170748 (1st Dist.,…
Tort Of Another: Although It Is Not An Independent Cause Of Action, The Doctrine Could Be Pursued As A Component Of Damages In Plaintiff’s Tort Claims Against Her Broker Relating To A Residential House Purchase
Plaintiff’s Prior Loss In An Arbitration Against Seller And Seller’s Broker Did Not Prevent Application Of The Doctrine. Plaintiff buyer of a residential house was…
POOF!, Section 1717: Because Plaintiff’s Declaratory Relief Action Was Moot, The Ensuing $165,000 Fee Award Under Section 1717 Went POOF! As A Matter Of Law
Lower Court Should Have Dismissed The Case, Not Enter Judgment In Plaintiff’s Favor. In Currency Corp. v. The Pullman Group LLC, Case Nos. B340592 et…
Special Fee Shifting Statutes: $6,000 Fee Award To Prevailing Respondent In CHRO Proceeding Was No Abuse Of Discretion Under CCP § 527.6
Respondent’s Counsel Discounted His Fees; And, While Inability to Pay Is Not A 527.6 Factor, The Lower Court Did Take It Into Account By Allowing…
Tort Of Another: First District Confirms That This Doctrine Does Not Extend To Fees Expended In Suing A Direct Tortfeasor Where The Defendant Had An Adverse Fee Award In The Underlying Action
A Third Party Had To Be Involved, Not The Case. Guinnane Construction Co. v. Chess, Case No. A172999 (1st Dist., Div. 2 Mar. 26, 2026)…
Homeowner Associations, POOF!: In A Case Involving Two Homeowners, 4/1 DCA’s Majority Opinion Struck An Attorney’s Fees Award Completely Because It Was Premature And Plaintiff Was Not The Prevailing Party
Dissent Disagreed, Wanting To Remand The Matter For Determining A Reasonable Fee Award–$138,875 In Fees Went POOF! Based On The Majority Opinion. In an interesting…
Fee Clause Interpretation, Prevailing Party: Where Defendant Minimally Prevailed On A Declaratory Relief Claim But County Avoided $6 Million Exposure On A Negligent Misrepresentation Count, County Was Entitled To Over $800,000 In Attorney’s Fees And A Little Under $24,000 In Costs Under A Contractual Fee Clause
Under A Broad Contractual Fees Clause, The Lower Court Can Determine The Prevailing Party—Much To The Chagrin Of A Losing Party. We have posted for…
Costs: Where Party Moving To Tax Appellate Costs Demonstrated That Party Paid Some Expenses, The Burden Shifted To The Costs-Claiming Party To Provide Receipts
The Motion To Tax Costs Did Shift The Burden Back To The Costs Claimant—Not Met. In Deen v. Kreditor, Case No. G064426 (4th Dist., Div….
Retainer Agreements: Plaintiff Disputing Allocation To Her As Client And To Her Attorneys Lost The Fight Because The Retainer Agreement Had A Provision Stating That No Contingency Arrangements Applied To Settlements Where Individual Recovery And Fee Recovery To Counsel Were Separately Negotiated
Plaintiff Herself Was A Sophisticated Litigant, With The Lower And Appellate Courts Finding The Retainer Agreement Was Unambiguous In The Proper Allocation. Brinkman v. Jane…
Arbitration, Section 1717: Where Arbitration Respondent Won A Dismissal Of An Arbitration Award Based On Lack of Personal Jurisdiction, Respondent Was Not Entitled To Fees But Was Entitled To Routine Costs
Fee Issues Depended On Further Actions. In O’Leary v. Jones III, Case No. D085327 (4th Dist., Div. 1 Mar. 24, 2026) (published), the Court…
Costs, Requests For Admission, Special Fee Shifting Statutes: In A Complex Water Diversion/Trespass Case, 2/7 DCA Affirms Costs Award To Defendant City, Affirms Denial Of Supplemental Fees And Costs To City Under CCP §§ 1038 & 2033.420, And Reverses Costs Award To Defendant Water Committee Based On Reversing A Judgment In Its Favor
Acting Presiding Justice Segal Penned The 3-0 Opinion On Various Merits, Costs, And Fee Issues In A 74-Page Opinion. In Beecham v. City of Azusa,…
Probate, Sanctions: CCP § 128.7(b)(1) Sanctions Affirmed Against A Probate Litigant Filing A New Contesting Petition For An Improper Purpose
CCP § 128.7(b)(2) Represented Litigant Exception Did Not Apply To (b)(1) Sanctions, Resulting In An Upholding Of A $25,013 Sanctions Award Against Losing Trustee. In…
Requests for Admission, Sanctions: 1/3 DCA Remands Trial Court’s Denial Of RFA Costs-Of-Proof Sanctions As An Abuse Of Discretion
Estate of Alders, Case No. A171324 (1st Dist., Div. 3 Mar. 23, 2026) (unpublished) examines the diligence required from both litigants and superior courts to…
Arbitration, Celebrities: In A 2-1 Split Opinion, The 2/7 DCA Holds That A Law Firm Prevailing In A MFAA Arbitration Was Not The Prevailing Party For Purposes Of Fees/Costs In That Proceeding Because It Waived The Argument In Front Of A CAA Arbitrator And The Superior Court Could Discretionarily Deny Fees Based On The Arbitrator Determining There Was No Prevailing Party In Arbitration Award Confirmation Proceedings
Dissenting Justice Saw Things Differently: Superior Court Had To Independently Determine MFAA Award Issue Or Remand To The Arbitrator To Decide. Allan Law Group, P.C….
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Equity: Two Of Our Readers Obtained An Award Of Attorney’s Fees And Costs For Their Client (A Defendant/Cross-Complainant) As A Condition Of A Superior Court’s Order Equitably Vacating A Default Against A Cross-Defendant
This Is One Of The Larger Fee/Costs Award We Have Seen In This Area, But The Fees And Costs Encompassed Several Other Pre-Trial Proceedings On The Subject. Two readers of our blog, Ronald C. Foreman and Ian A. Hansen of Foreman & Brasso in San Francisco, are to be congratulated as well as “hat tipped”…
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Costs: Prevailing Party’s Cost Memorandum Was Timely Filed After Entry Of Judgment On A Retrial Following An Earlier Granting Of A New Trial Motion
Also, Appellant’s Apportionment Argument Based On Relative Successes Had No Factual Analysis, So It Was Rejected. In Mileck v. Mileck, Case No. A170748 (1st Dist., Div. 3 Mar. 27, 2026) (unpublished), appellant/non-prevailing party filed a motion to tax costs against the prevailing party, with the lower court only taxing $520 out a requested $29,238.98 in…
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Tort Of Another: Although It Is Not An Independent Cause Of Action, The Doctrine Could Be Pursued As A Component Of Damages In Plaintiff’s Tort Claims Against Her Broker Relating To A Residential House Purchase
Plaintiff’s Prior Loss In An Arbitration Against Seller And Seller’s Broker Did Not Prevent Application Of The Doctrine. Plaintiff buyer of a residential house was not pleased after discovering that the property reeked of cigarette smoke. She first sued seller and seller’s broker primarily for nondisclosure, and she lost an arbitration against them (naturally incurring…
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POOF!, Section 1717: Because Plaintiff’s Declaratory Relief Action Was Moot, The Ensuing $165,000 Fee Award Under Section 1717 Went POOF! As A Matter Of Law
Lower Court Should Have Dismissed The Case, Not Enter Judgment In Plaintiff’s Favor. In Currency Corp. v. The Pullman Group LLC, Case Nos. B340592 et al. (2d Dist., Div. 1 Mar. 27, 2026) (unpublished), a long-running battle involving enforceability of a contract assigning royalties to defendants, the lower court entered a declaratory relief judgment in…
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Special Fee Shifting Statutes: $6,000 Fee Award To Prevailing Respondent In CHRO Proceeding Was No Abuse Of Discretion Under CCP § 527.6
Respondent’s Counsel Discounted His Fees; And, While Inability to Pay Is Not A 527.6 Factor, The Lower Court Did Take It Into Account By Allowing The Fee Award Payments To Be Made Over 30 Months. In Naeini v. Leuchter, Case No. B341481 (2d Dist., Div. 7 Mar. 26, 2026) (unpublished), petitioner lost a civil harassment…
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Tort Of Another: First District Confirms That This Doctrine Does Not Extend To Fees Expended In Suing A Direct Tortfeasor Where The Defendant Had An Adverse Fee Award In The Underlying Action
A Third Party Had To Be Involved, Not The Case. Guinnane Construction Co. v. Chess, Case No. A172999 (1st Dist., Div. 2 Mar. 26, 2026) (published) confirmed that the tort of another doctrine does not apply against a tortfeasor beyond fees incurred in prosecuting or defending the action with the third party, but it does…