Recent Articles
Retainer Agreements: Judgment In Law Firm’s Favor For Unpaid Client Bills Was Affirmed On Appeal
Although Retainer Agreement Had A Limited Scope of Engagement, The Record Showed Client Made Promises To Ratify The Expanded Engagement And Pay Justifying A Judgment…
Family Law: $35,108 Fee Award Under Sections 2030 And 271 Was No Abuse Of Discretion
Ex-Husband Was The Higher Wage Earner, Such That The Record Supported Needs-Based Fees And An Award Of 271 Sanctions To Ex-Wife. Marriage of Stout, Case…
Family Law: One Section 271 Sanctions Award Reversed And Another Affirmed
Reversed Order Occurred Because Litigant Could Pursue Option To Present Oral Testimony Even If That Strategy Was Unsuccessful. In Marriage of Diaz and Zesati, Case…
Consumer Statutes, Prevailing Party: Denial Of Attorney’s Fees To CLRA Settling Plaintiff Reversed And Remanded To See If Plaintiff Achieved His Litigation Objectives In Settling An Alleged Mislabeling Tequila Ingredient Case
A Final Determination On The Merits Was Not Required In CLRA Cases, Unlike Unruh Or Disabled Persons Act Matters. In Garcia v. SouthNorte Spirits LLC,…
Costs, Prevailing Party, Section 1717: $379,280.25 Prevailing Party Award Under A Contractual Fees Clause Was Affirmed On Appeal
. . . However, A Costs Item For Models And Exhibit Photocopies Was Stricken On Appeal, Because Costs Relating To A Demurrer Hearing Are Not…
SLAPP: $40,000 SLAPP Fee Award Was Affirmed Because Lack Of A Reporter’s Transcript Impeded Review Of The Fee Amount
Besides, The Fee Request Was $52,215, So The Lower Court Did Exercise Discretion. In Obiora v. PWxyz, LLC, Case No. B349757 (2d Dist., Div. 3…
Family Law: $11,000 Sanctions Award Under Family Code Section 271 Was Reversed Because Entire Record Showed That Ex-Wife Was Neither Uncooperative Nor Unreasonable
As A Matter Of Law, The Totality Of Circumstances Showed No Predicate For 271 Sanctions. The result in Marriage of Ortiz and Rivera, Case No….
Reasonableness Of Fees, Special Fee Shifting Statutes: $53,527 In Attorney’s Fees To Winning Neighbor In Civil Harassment Restraining Order Proceeding Was Affirmed On Appeal
Lower Court Did Reduce The Requested Fees By About 30%. A neighbor won a civil harassment restraining order proceeding in Judson v. Tait, Case No….
Costs: $26,489.42 Costs Award For Lawyer And Paralegal Time In Preparing 4,000 Page Administrative Record Was No Abuse Of Discretion
No Per Page Charge Is A Mandatory Requirement. In Moving Oxnard Forward, Inc. v. City of Oxnard, Case No. B338323 (2d Dist., Div. 6 July…
Civil Rights, Reasonableness Of Fees: ADA Default Judgment With Injunctive Relief Did Change The Relationship Between The Parties, Which Means A Denial Of Attorney’s Fees Was Erroneous
However, Ninth Circuit Did Agree The District Court, On Remand, Could Find Use of Recycled Work And Errors In The Fee Petition Would Justify A…
Insurance: 1/1 DCA, Despite Holding Differently Earlier, Finds That Insured Is Entitled To Brandt Fees On Appeal
It Found Baron More Persuasive. In RMB Real Estate Investments 2, LLC v. California Capital Ins. Co., Case No. A170466 (1st Dist., Div. 1 July…
Appeal Sanctions, Paralegal Time, Reasonableness Of Fees: Trial Court’s Refusal To Award Contractual Fees For Paralegal Work Reversed On Appeal
Also, Attorney Fee’s Reductions Were Affirmed And Appellant Was Ordered to Pay Minimal Appeal Sanctions For AI Hallucinations In Appellate Briefing. The memorable thing about…
Civil Rights: South Dakota Federal District Judge Issues A Substantial Fee/Costs Award Of Around $2.5 Million To Prevailing Plaintiffs In An Indigenous Tribal Civil Rights Dispute Involving A South Dakota Hotel
Plaintiffs Prevailed In Protracted, Bitterly-Fought Litigation Where The Jury Verdict Was Only Around $64,000 In Total. Although we usually post on California fees cases, the…
Family Law: $20,000 Monetary Sanctions Affirmed Where Losing Litigant Did Not Disclose Any Objection To Bifurcate Trial On The Premartial Agreement Validity
Delay In Asserting An Objection To Bifurcating Trial Was Dispositive. Perceived gamesmanship can be punished; we bloggers are not the judges of whether that has…
Judgment Enforcement: Lower Court’s Denial Of Post-Judgment Attorney’s Fees Was Legally Incorrect Based On The Filing Of A Costs Memorandum Rather Than A Noticed Motion
Because A Statutory Basis Allowed For Attorney’s Fees Recovery, Denial Based On A Lack Of A Contractual Basis For Fees Substantively Was Erroneous Where A…
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Retainer Agreements: Judgment In Law Firm’s Favor For Unpaid Client Bills Was Affirmed On Appeal
Although Retainer Agreement Had A Limited Scope of Engagement, The Record Showed Client Made Promises To Ratify The Expanded Engagement And Pay Justifying A Judgment Based On Contract Breach, Unjust Enrichment, and Quantum Meruit Theories. If you are the client and make written promises to pay for expanded scope of services, you are likely to…
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Family Law: $35,108 Fee Award Under Sections 2030 And 271 Was No Abuse Of Discretion
Ex-Husband Was The Higher Wage Earner, Such That The Record Supported Needs-Based Fees And An Award Of 271 Sanctions To Ex-Wife. Marriage of Stout, Case No. B343600 (2d Dist., Div. 1 July 24, 2026) (unpublished) was a situation where an ex-husband, the higher wage earner by far, sold a motorcycle in breach of fiduciary duties,…
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Family Law: One Section 271 Sanctions Award Reversed And Another Affirmed
Reversed Order Occurred Because Litigant Could Pursue Option To Present Oral Testimony Even If That Strategy Was Unsuccessful. In Marriage of Diaz and Zesati, Case Nos. 338823 et al. (2d Dist., Div. 7 July 21, 2026) (unpublished), ex-husband was assessed two Family Code section 271 sanctions awards, one for $27,000 and the other for $9,500…
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Consumer Statutes, Prevailing Party: Denial Of Attorney’s Fees To CLRA Settling Plaintiff Reversed And Remanded To See If Plaintiff Achieved His Litigation Objectives In Settling An Alleged Mislabeling Tequila Ingredient Case
A Final Determination On The Merits Was Not Required In CLRA Cases, Unlike Unruh Or Disabled Persons Act Matters. In Garcia v. SouthNorte Spirits LLC, Case No. B345897 (2d Dist., Div. 2 July 21, 2026) (unpublished), a plaintiff bringing a Consumer Legal Remedies Act (CLRA) case for tequila ingredient mislabeling reached a settlement for $2,500…
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Costs, Prevailing Party, Section 1717: $379,280.25 Prevailing Party Award Under A Contractual Fees Clause Was Affirmed On Appeal
. . . However, A Costs Item For Models And Exhibit Photocopies Was Stricken On Appeal, Because Costs Relating To A Demurrer Hearing Are Not Recoverable Because Costs Statute Only Applies To Trier Of Fact Stages Of The Litigation. Marosi v. TriCo Bancoshares, Case No. H051989 et al. (6th Dist. July 20, 2026) (unpublished) is…
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SLAPP: $40,000 SLAPP Fee Award Was Affirmed Because Lack Of A Reporter’s Transcript Impeded Review Of The Fee Amount
Besides, The Fee Request Was $52,215, So The Lower Court Did Exercise Discretion. In Obiora v. PWxyz, LLC, Case No. B349757 (2d Dist., Div. 3 July 20, 2026) (unpublished), after a SLAPP grant, an attorney’s fees award of $40,000 was awarded to the prevailing party, although the total request was $52,215. The appellate court affirmed,…
