998 Offer Allowed For Costs/Fees to Plaintiff, Such That This Could Not Be “Double Dipped” Added To The Base 998 Offer Amount; Otherwise, Duplication Existed.
Slater v. Ford Motor Co., Case No. G064350 (4th Dist., Div. 3 Sept. 24,
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Lodestar, Multipliers, Prevailing Party, Special Fee Shifting Statutes: Where Prevailing Plaintiff Won Substantial Trial And Appellate Victories On The Scope Of Penal Code Section 496(c), Substantial Fee Award Was Affirmed On Appeal With A Minor Remand Issue
Lodestar, Not Contingency Fee Agreement Amount, Governed Work On Section 496(c) Work, Requiring A Remand On That Sole Issue.
Siry Investments, L.P. v. Farkhondehpour, Case No. B340681 (2d Dist., Div. 2 Sept. 23, 2026) (unpublished) involved a long-ranging dispute between…
Construction: Where General Contractor And Property Owner Obtained Lower Court Order Clarifying The Impact Of A Mechanic’s Lien Release Bond, The Lower Court Erred In Assessing Attorney’s Fees Of $4,250 Against Subcontractor Lien Claimant
Nothing In The Civil Code Provided Fee Entitlement.
In T McGee Electric, Inc. v. FH II Homebuilders, Inc., Case No. D088372 (4th Dist., Div. 1 Sept. 22, 2026) (unpublished), defendants general contractor and property owner obtained a clarification order…
Hourly Rates: LegalCostGuides.com Reports That Clio Benchmark For California Attorneys Is $422 Per Hour Statewide
However, Rates Are Higher In Coastal Areas Versus More Agricultural Areas.
Javi Perez, in a June 2026 post on LegalCostGuides.com, has reported that the 2026 Clio benchmark for California attorneys is $422 per hour statewide, which includes higher Bay…
Prevailing Party, Special Fee Shifting Statutes: Petitioner Physician Failing To Prevail On Peer Review Suspension Proceedings Under Business And Professions Code Section 809.9 Properly Was Assessed With Non-Prevailing Party Attorney’s Fees As Against Defendants
Failure To Exhaust Administrative Remedies Did Give Rise To Fee Exposure, Because the Petition Was Frivolous In Nature.
In the last few days, we have posted on Business and Professions Code section 809.9, which allows fees to a substantially prevailing…
Section 998: Defendant Correctly Granted A Motion For Judgment Notwithstanding The Verdict In An Asbestos Personal Injury Case Was Properly Awarded Expert Witness Fees And Other Costs As Against Plaintiffs Based On Successful Section 998 Offer
Dismissal With Waiver Of Costs Was A Valid And Reasonable Good Faith Offer Under The Circumstances.
In Collantes v. Union Carbide Corporation, Case Nos. B335555/B338371 (2d Dist., Div. 7 Sept. 16, 2026) (unpublished), a defendant suffering an adverse jury…
Nonsignatories, Reasonableness Of Fees, Section 1717: $313,830 Contractual Fee Award Under Medical Center’s By-Laws Affirmed On Appeal Against Plaintiff Physician
Section 1717 Was Not Preempted By Business And Professions Code Section 809.1, With Plaintiff’s Wife Not Liable For Fees And With Reductions In Fees Sustained On Appeal.
A plethora of fee issues were addressed in Sujan v. UHS Corona, Inc.…
Off Topics: Study Of Attorney’s Fees Awards In Settlements Of Parallel Securities Derivative Actions, From 2019 Through The First Half Of 2026, Provides Some Interesting Statistical Information
Fee Awards In Settlements With No Monetary Component Were Lower.
Cornerstone Research, drawing from a variety of sources relating to settlements in parallel securities derivative actions from 2019 through mid-2026, has some statistical information on the fee awards in these…
Costs, Section 998: Last Offer Rule Applies In Gauging Whether Plaintiff Prevailed After A Trial Ruling
This Rule Prevents Gamesmanship And Mischief, According To The Court Of Appeal.
Meehan v. Aguirre, Case No. B343396 (2d Dist., Div. 3 Sept. 15, 2026) (published) dealt with a situation where a personal injury plaintiff made three CCP section 998…
Family Law: $40,000 Needs-Based Award To Ex-Wife Was Affirmed On Appeal Despite Some Conflicting Rulings
In The End, The Award Was Just Because Ex-Husband Drove Up The Costs Of The Litigation.
Marriage of Houghteling, Case No. B348954 (2d Dist., Div. 6 Sept. 14, 2026) (unpublished) is interesting because the family law judge made some…