Most Of The Costs Were Expert Witness Fees.
Although attorney’s fees in California are rarely at issue in normal personal injury cases, CCP section 998 can be a cost-shifting statute of significance for either side given that expert fee expenses
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Arbitration: Study Of FINRA Arbitration Awards From 2015-2024 Has Some Interesting Statistical Findings
Arbitration Fee Awards Are Spiking Upwards Over The Years.
Arbitrator-X.com has an interesting statistical survey of attorney’s fees awards in Financial Industry Regulatory Authority (FINDRA) arbitrations for the 10-year period of January 1, 2015-December 31, 2024, surveying 1,231 cases with…
Allocation, Costs, Employment: Trial Court Did Not Abuse Its Discretion In Denying Costs To The Winning Defendant On Non-FEHA Claim
Defense Should Have Apportioned In Its Moving Papers Or Asked For Supplemental Briefing Opportunity. In Janisse v. MLK-L.A. Healthcare Corp., Case No. B326593 et al. (2d Dist., Div. 4 Sept. 3, 2025) (unpublished), plaintiff brought FEHA/whistleblower, and non-FEHA claims
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Civil Rights: Mentally Disabled Prevailing Party Entitled To Fees Where Confidential Records Disclosed Negligently Or Willfully And Knowingly To Others Not Entitled To See Them
Welfare & Institutions Code Section 5330(d) So Provides.
In Doe v. County of Orange, Case No. G064562 (4th Dist., Div. 3 Sept. 2, 2025) (published), the appellate court reminds us that Welfare & Institutions Code section 5330(d) allows a
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Arbitration: Where Prevailing Party In An Arbitration Failed To Request Attorney’s Fees In An Answering Statement And The Arbitrator Refused to Award Fees, Superior Court Had No Jurisdiction To Award Fees . . .
Only The Arbitrator Had The Authority. Claimant prevailed in an arbitration, but it failed to request attorney’s fees as required by AAA rules in claimant’s answering statement. The arbitrator refused to award fees based on this omission. Claimant then sought
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Special Fee Shifting Statutes: Retirement Community Could Account For Class Action Defense Costs For Litigation In Their Annual Budgets
Consumer Legal Remedies/Elder Abuse Statutes Did Not Preempt, Although Defense Costs Had To Be Reviewed On Remand To Make Sure They Were Not Inflated In Nature. In Johnson v. Stoneridge Creek Pleasanton CCRC LLC, Case No. A170383 (1st Dist.,
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Appealability: Defendant Hit With Wage/Hour Attorney’s Fees Could Not Challenge The Award Because It Failed To Independently Appeal The Postjudgment Fee Order
The Notice Of Appeal Only Attached The Merits Judgment, Which No Mention Of Fees. Myers v. Quality Care Home, Inc., Case No. C101659 (3d Dist. Aug. 20, 2025) (unpublished) involved a situation we have seen many times. Defendant was
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Probate: Lower Court’s Entertainment Of Nonwritten Objections, After Earlier Indicating Oral Objections Would Not Be Allowed, Required Reversal Of Reduced Fee Award To Conservator
Due Process Required The Reversal. In Conservatorship of the Person and Estate of Martha A., Case No. G063437 (4th Dist., Div. 3 Aug. 22, 2025) (unpublished), a conservator was awarded attorney’s fees of $94,955, a reduction from the request
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Arbitration, Employment, Reasonableness Of Fees: Lower Court Did Not Err By Reducing $17,653.50 Fee Request For CCP § 1281.98 Sanctions Down To A $2,060 Fee Award
Fee Entitlement Still Allowed A Determination Of Reasonableness, With Record Supporting An Excessive Fee Request. Reasonableness of a fee request is simply an important issue all clients and attorneys must consider when a fee/sanctions petition is filed. Where an excessive,
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Section 1717: City Of Oakland Suffers A Fees/Costs Award Of Almost $6.9 Million In Total After Losing Ground Lease Termination Case Against Plaintiffs
Case Demonstrates How Fee-Shifting Is A Major Consideration In Modern Day Litigation. City of Oakland, in Oakland Bulk & Oversized Terminal, LLC v. City of Oakland (2025) 112 Cal.App.5th 519, Case Nos. A169585 et al. (1st Dist., Div. 2 June
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