$50,148 Fee Award Gets Reversed. Code of Civil Procedure section 1029.8(a) authorizes a fee award against an “unlicensed person who causes injury or damage to another person as a result of providing goods or performing services for which a license in required.” The next case explored whether fee recovery could be had not […]
$82,048 Joint Fee Award Goes Away, But One Defendant Has Another Swing At It. Given that we are in the midst of the World Series between the Giants and Tigers (the Giants having a 2-0 lead at present), it is fitting we review a SLAPP post where one defendant lost fees when a
However, Failure to File Costs Memorandum Meant $80,758.75 Costs Award Went Away. In Bustamante v. T.O. IX, LLC, Case No. B241233 (2d Dist., Div. 6 Oct. 25, 2012) (unpublished), plaintiffs lost a real estate purchase fraud case against defendants, with the purchase contract containing a fees clause. A judicial referee awarded attorneys fees
Also, U.S. Supreme Court Brief Printing Costs Cannot Be Awarded as Costs By State Courts. Defendant condemnee was allowed the opportunity, after a prior appeal, to seek costs under Code of Civil Procedure section 1268.720, a statutory provision allowing appellate costs in an eminent domain proceeding in the court’s discretion (Los Angeles Unified
$129,701 In Taxed Costs Was the Result. The next case is somewhat of a chilling reminder to carefully word CCP § 998 offers, making sure the offer/acceptance sections are consistent and insuring that the offeror is covering how fees and costs are to dealt with if the offer is accepted. Also, offers must
Appeal Sanctions Denied Because No Declaration Filed to Support Fee Request. Preserving claims for trial court error depends on raising the argument below and providing an adequate record to the appellate court. Violation of either principle likely means an appeal will be unsuccessful. Likewise, with respect to appeal sanctions, one must follow the
On Remand, Reversal Might Mean that No One Prevailed or Even Other Side Prevailed. Where one side prevails across the board and obtains a fees/costs award, reversal on an important issue will usually overturn the entire award because the prevailing party determination might be different–either no side prevailed or even the original loser
Ninth Circuit Affirms § 1983 Defense Summary Judgments, But Does Not Find Plaintiff’s Claims Were Groundless, Without Foundation, Frivolous, or Unreasonable in Nature. 42 U.S.C. § 1988 has a tough standard for prevailing defendants to hurdle in order to gain attorney’s fees recovery against a losing plaintiff in a § 1983 civil rights
Although the appellate court rejected plaintiff’s sole argument on review that future medicals should have been awarded, Hanamaikai v. Howard, Case No. H037346 (6th Dist. Oct. 24, 2012) (unpublished) is a sober reminder of how CCP § 998 is a potent costs-shifting provision in a case where attorney’s fees are not available to
We know by now that winning defendants get mandatory, reasonable fee recovery after winning a SLAPP motion. (Code Civ. Proc., § 425.16(c)(1).) However, a reversal of a SLAPP grant invokes our “POOF!” principle on the fee award. Defendants in People ex rel. Strathmann v. Acacia Research Corp., Case Nos. G045390 et al.
