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Distinguishing Changsha Metro Group Co., Ltd. v. Xuefeng (2020) 49 Cal.App.5th 173, this decision holds that plaintiff waived his right to attorney fees for opposing defendant's frivolous Anti-SLAPP motion by failing to give defendant 21-day notice before filing the motion for attorney fees.  CCP 425.16(d) provides that fees for opposing a frivolous Anti-SLAPP motion may be awarded in accordance with… Read More

Following Law Finance Group, LLC v. Key (2023) 14 Cal.5th 932, this decision holds that the 100-day limit on petitioning to vacate a Mandatory Attorney Fee Arbitration award is subject to equitable estoppel and equitable tolling.  It also holds that unless there is already an action pending between the parties, the petition must be served in same manner as a… Read More

A trial judge may apply a negative (or less that 1) multiplier to a prevailing party's attorney fee lodestar for pervasive incivility of the party's attorney throughout the proceedings.  Incivility shows lack of skill, which is a permissible multiplier factor. Here, the trial court did not abuse its discretion in reducing the prevailing plaintiff's lodestar by 40% for that reason. Read More

The district court did not abuse its discretion in denying defendant attorney fees under the EAJA.  Though the district court disbelieved the government's expert witness, whose testimony was the principal evidence on which the government based its claim that defendant had overvalued the company he sold to an ESOP, the government did not anticipate that result when it went to… Read More

Seyfarth was hired to investigate a professor's claim that she was discriminated against by Cal. State University Fullerton.  It performed the investigation and submitted a report to the university administration concluding there was no merit to the professor's claims. After unsuccessfully suing a host of other defendants, the professor sued Seyfarth, claiming the report and investigation were biased, etc.  Seyfarth… Read More

Under Gov. Code 800(a), a plaintiff that successfully challenges an administrative decision that was the result of arbitrary or capricious action or conduct by a public entity or officer may recover attorney fees of up to $7,500 in the trial court's discretion.  Even if that statute requires the overturned administrative action to be "wholly" arbitrary and capricious, it does not… Read More

Plaintiff prevailed on a mandate petition challenging his one-year suspension from UC Davis for violating its policies against sexual harassment and assault.  The trial court found that the university lacked evidence of sufficiently serious misconduct to support the one-year suspension.  This decision holds that the trial court did not abuse its discretion in holding that plaintiff was not entitled to… Read More

Seyfarth was hired to investigate a professor's claim that she was discriminated against by Cal. State University Fullerton.  It performed the investigation and submitted a report to the university administration concluding there was no merit to the professor's claims. After unsuccessfully suing a host of other defendants, the professor sued Seyfarth, claiming the report and investigation were biased, etc.  Seyfarth… Read More

In a nice mirror image of Chelios v. Kaye (1990) 219 Cal.App.3d 75, 80, this decision holds that since a contract is merged into the judgment on a breach of contract claim, a provision of the contract limiting attorney fee awards to $1,000 does not limit the fees that may be awarded to the prevailing plaintiff under CCP 685.040 as… Read More

Following Marx v. General Revenue Corp., 458 U.S. 371 (2013), which it holds effectively overruled Brown v. Lucky Stores, Inc., 246 F.3d 1182 (9th Cir. 2001), this decision holds that the attorney fee and cost provision of the Americans with Disabilities Act does not limit a district court's normal discretion under Fed. R. Civ. P. 54(d) to award costs to… Read More

B&P Code 7168 allows for a fee award to the prevailing party in a suit over construction of a swimming pool but not in a suit involving other types of construction activities.  The trial court here correctly denied plaintiff's fee motion because she did not prevail on claims involving construction of the swimming pool though she did prevail on claims… Read More

The trial court abused its discretion in holding that environmental protection parties were not entitled to attorney fees against a homeowner's association under CCP 1021.5 under the Adoption of Joshua S. (2008) 42 Cal.4th 945 exception.  That exception is narrow; it applies only to parties that litigate purely private matters that happen to raise issues of public importance.  It does… Read More

The trial court did not abuse its discretion in holding that a plaintiff homeowners association was not entitled to private attorney general fees under the catalyst theory.  To prevail on that theory, the court must find that the plaintiff's lawsuit was a material factor that contributed in a significant way to the defendant's adopting a changed plan or conduct that… Read More

Plaintiff was the first attorney defendant hired on a contingent fee basis in an underlying case.  Plaintiff properly acquired an attorney's lien on any recovery in the underlying case.  Defendant fired plaintiff and hired Williams in his stead.  Williams also acquired an attorney's lien.  After the underlying suit was favorably resolved, plaintiff sued to recover his fees from the recovery. … Read More

On federal law claims, the prevailing party may recover its attorney fees only if federal law so provides.  Here, plaintiff prevailed on claims under the federal Indian Gaming Regulatory Act.  Neither that act nor any other federal law permits an attorney fee award on such a claim.  Plaintiff could not recover fees allowed under state law, such as CCP 1021.5. … Read More

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