Attorneys' Fees

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

A judgment creditor may recover costs and fees incurred in enforcing the judgment by either filing a memorandum of costs including both fees and costs or a motion for the award of costs and fees.  The memorandum or motion must be filed within two years after the costs or fees are incurred and before the judgment is satisfied.  The judgment… Read More

The district court abused its discretion in approving a $1.7 million fee award in a class action copyright infringement case in which class members received only $50,000 in a claims made settlement and no injunctive or other non-monetary relief.  While $1.7 million might be an actual assessment of fees by the hours times rate lodestar method, the resulting amount must… 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 remand from Travis v. Brand (2023) 14 Cal.5th 411, the Court of Appeal reverses the order awarding defendants their attorney fees.  Under the Supreme Court's decision in the case, fees are awardable to the defendants in a suit under the Political Reform Act and Gov. Code 91003 only if the suit is objectively without foundation.  This suit did not… Read More

The trial court did not abuse its discretion in finding that plaintiff's suit was the catalyst that at least in part caused the city to increase its land use plan's allocation of areas for low cost housing to satisfy its regional allocable share of the county's affordable housing needs.  That was true even though it took the Legislature enacting a… 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

Reversing the trial court, this decision holds that plaintiff is entitled to an attorney fee award under CCP 1021.5 based on her earlier appellate victory on her claim for disability retirement benefits from CalPers.  Merely enforcing existing law or securing a published opinion doing so is not necessarily enough to show that the action conferred a substantial benefit on the… Read More

The district court erred in not awarding Apple its attorney fees under the indemnity provision of its app developer agreement.  The indemnity clause expressly required indemnity of loss and expense due to the developer's breach of an obligation or warranty, showing that the clause was intended to cover litigation between the contracting parties as well as third party claims. Read More

In what started out as an attorney's attempt to collect $3,500 in fees from a client, the attorney got tagged with a $334,400 fee award to the client after losing in the mandatory fee arbitration proceeding and then not demanding a new trial within the allotted time.  B&P Code 6203 and 6204 provide for one-sided fee awards in an effort… Read More

A trial court must consider a party's ability to pay before ordering that party to pay all or a portion of the fees of an expert appointed by the court under Evid. Code 730 or Fam. Code 3111 or 3112. Read More

Following Whittlesey v. Aiello (2002) 104 Cal.App.4th 1221 and Terry v. Conlan (2005) 131 Cal.App.4th 1445, this decision affirms an order denying a trustee payment from the trust of attorney fees that the trustee incurred in defending against one putative beneficiary's suit to invalidate an amendment to the trust.  The challenge to the amendment would not, even if successful, have… Read More

Under Gov. Code 91003(a), part of the Political Reform Act of 1974, the trial court may award attorney fees to a plaintiff or defendant who prevails.  This decision holds that though the statute does not expressly so provide, to promote the Act's purpose of encouraging private litigation to enforce the act, the civil rights statutes' standard allowing the trial court… Read More

Heirs who filed a medical malpractice wrongful death suit lack standing to challenge the constitutionality of MICRA's limits on noneconomic damages (Civ. Code 3333.2) and attorney fees (B&P Code 6147).  Plaintiffs' attorney had not withdrawn or moved to withraw due to the statutory limits on attorney fees.  Moreover, there is no constitutional right to an attorney in civil litigation.  Plaintiffs… Read More

The supplementary payments provision of this contractor's CGL policy provided that if the insured contractor faced liability for personal injury or property damage pursuant to an indemnity provision in one of the insured's contracts, the insurer would pay for the insured's defense but count any recovery by the indemnitee as damages against the $1 million limit on coverage.  The supplementary… Read More

The trial court did not abuse its discretion in awarding plaintiff its attorney fees in opposing defendant's Anti-SLAPP motion to strike.  Plaintiff's claim arose from false representations the defendant developer made to the Rocklin City Council about his ability to develop a financially viable family theme park in the Rocklin Quarry.  Though the representations were made in an official proceeding,… Read More

Corp. Code 1604 provides for an award of reasonable attorney fees to a shareholder if the corporation refuses "without justification" his demand to inspect corporate records.as required under Corp. Code 1601.  This decision holds that "without justification" means at least not well grounded in fact and law.  Here, the trial court did not abuse its discretion in denying the shareholder… Read More

Following Landis v. Pinkertons, Inc. (2004) 122 Cal.App.4th 985, this decision holds that an arbitrator lacks the power to correct a final award.  Here, the arbitrator issued an award that resolved all submitted issues, including denying the defendant's motion for an attorney fee award, but then later issued a revised award granting $73,000 in attorney fees to defendant.  The revised… Read More

The trial court properly awarded Travelers' opponent attorney fees under CC 1717.  The opponent had successfully prosecuted an administrative complaint which resulted in voiding the agreement containing the attorney fee clause.  The administrative proceeding was an "action" for purposes of CC 1717 and it was "on the contract" since had Travelers prevailed it could have collected attorney fees for enforcing… Read More

An employer's arbitration clause was unconscionable and couldn't be saved by severance.  It required the employee to pay costs he would not incur in a court suit--a $250 filing fee and cost of a postponement if he requested one, neither of which could be shifted to the employer if the employee prevailed.  The clause also provided for an appeal to… Read More