Small Reductions Were Made, And No Allocation Was Required.
Under both Washington’s Uniform Trade Secrets Act and the federal Defend Trade Secrets Act, there are attorney’s fees shifting provisions in favor of a prevailing plaintiff proving that the trade secret…
The Reason Was That The Lower Court Prejudicially Misallocated The Burden Of Dis-Proof To The Defense.
Misallocation of the burden of proof, if not harmless error, can lead to disastrous results. That was the case in Comet Technologies USA, Inc.
Lower Court Made No Predicate Finding That The Action Was Frivolous, With Boilerplate Language In Judgment Not Showing Express Findings Were Made To That Effect.
San Diego-Tomas v. Aspire Bakeries, LLC, Case No. A175977 (1st Dist., Div. 4 Oct.…
Matter Goes On Between Landlord And Tenant, Although Tenant Prevailed, Based On A Partial Appellate Reversal.
In Wilshire West Medical Tower, LLC v. Karimi, Case Nos. B347841 et al. (2d Dist., Div. 1 Sept. 30, 2026) (unpublished), tenants defensed…
It Acknowledges A Contrary First District Decision, But Agrees With The Result Reached By Other Sister Divisions Of The Second District.
In Max v. 8E6 Corp., Case No. B344025 (2d Dist., Div. 1 Sept. 29, 2026) (unpublished), the 2/1…
South Gate Did Not Need To Pray For Fees In The Initial Cross-Complaint Not Including A Public Nuisance Cross-Claim—The First Amended Cross-Complaint Was The Trigger, Which Did Include A Public Nuisance Claim And Prayer For Fee Recovery.
After winning a…
The Statutes Serves Separate Policy Purposes, Such That They Can Be Concurrently Applied In Dissolution Proceedings.
Arora v. Arora, Case No. D086321 (4th Dist., Div. 1 Sept. 28, 2026) (unpublished) involved a clash between two schemes, contempt proceedings and…
That Determination Depends On A Future Fee Motion On Whether Entitlement Is Established—Not So, Ultimately In This Case.
In WCST Enterprises, LLC v. Ling, Case No. G065236 (4th Dist., Div. 3 Sept. 28, 2026) (published), the dispute involved neighbors…
Plaintiff Won Compensatory Damages Of $168.5 Million, With The Merits Judgment Sustained After SCOTUS Refused To Grant A Certiorari Petition.
At the federal level, the Defend Trade Secrets Act has a fee-shifting provision which basically allows a prevailing plaintiff to…
Unfairly Shackling Client On Key Decisions And Unconscionable Arrangements Likely Will Be Under Scrutiny.
Although it has not yet been adopted and remains open for public comment, the California State Bar’s Standing Committee on Professional Responsibility and Conduct has issued…
