Marc Alexander

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Special Fee Shifting Statutes: Because Plaintiff Prevailed Through Mandate Challenging A Conditional Permit Revocation, It Correctly Was Denied Fees Under A Local Public Nuisance Ordinance With Reciprocal Fee-Shifting Provisions

August 19, 2025

No Fee Entitlement Was Shown. Plaintiff obtained mandate relief against a municipality in a permit revocation dispute, subsequently moving for attorney’s fees under reciprocal fee-shifting provisions of the Perris Municipal Code relating to public nuisances. The lower court denied Plaintiff’s

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CALIFORNIA ATTORNEY'S FEES

Section 998: 4/1 DCA, Relying On Its Zavala Decision Under Review By The California Supreme Court, Reverses A Lower Court’s Failure To Independently Evaluate Whether A Lump-Sum § 998 Offer Served To Shift Costs And Fees In A Lemon Law Suit

By Marc Alexander

August 17, 2025

The Result Was That Car Manufacturer’s Request For Costs Had To Be Revisited And The $200,000 Fee Award To Plaintiffs Had To Be Reevaluated. In Zavala v. Hyundai Motor America, 107 Cal.App.5th 458, 463 (2024), rev. granted, No. S289000 (March

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CALIFORNIA ATTORNEY'S FEES

Discovery, Family Law: $165,188.75 Needs-Based Award To Ex-Wife Reversed Because Lower Court Failed To Consider Whether Her Discovery Efforts Were Unreasonable Or Over Litigated

By Marc Alexander

August 17, 2025

Record Below Showed The Lower Court Pulled The Trigger Too Fast. Tragni v. Tragni, Case No. A169130 (1st Dist., Div. 5 Aug. 12, 2025) (unpublished) is one of those rare cases where a needs-based family law award to an

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CALIFORNIA ATTORNEY'S FEES

Costs, Employment: Numerous Costs And Fees Decisions Analyzed On Appeal

By Marc Alexander

August 17, 2025

Net Result Was Some Were Affirmed And Some Reversed. Madrigal v. CTV, LLC, Case Nos, F087500 et al. (5th Dist. Aug. 12, 2025) (unpublished) was a wage/hour employment case where the results were very mixed—plaintiff Madrigal voluntarily dismissed the

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CALIFORNIA ATTORNEY'S FEES

Reasonableness Of Fees: Contractual Fee Award Under Operating Agreement Clause Did Entitle Prevailing Defendants To A $168,584.25 Award

By Marc Alexander

August 15, 2025

Hourly Rate Was Found To Be Reasonable. In I.S. Investments, LLC v. Zamucen, Case No. G064105 (4th Dist., Div. 3 Aug. 11, 2025) (unpublished), plaintiff lost a case to prevailing defendants where there was a contractual fees clause in

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CALIFORNIA ATTORNEY'S FEES

Arbitration: California Supreme Court Confirms That CCP § 1281.98 Payment Deadlines Are Not Preempted By The FAA

By Marc Alexander

August 14, 2025

However, CCP § 473 Principles Can Excuse An Untimely Payment By A Company Or Employer Desiring Arbitration With Respect To Tardy Payment Of Employee’s Or Consumer’s Arbitration Expenses. Hohenshelt v. Superior Court, Case No. S284498 (Cal. Supreme Court Aug.

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CALIFORNIA ATTORNEY'S FEES

SLAPP: Appellate Court Reversal Of SLAPP Denial Of Attorney’s Motion Based On Representing Her Clients On A Settlement Payment Dispute Required A Remand To Determine Fees And Costs To Be Awarded To Attorney

By Marc Alexander

August 14, 2025

Attorneys Should Have Latitude To Represent Clients In Settlement Activities Without Fear Of Suits By Third Parties, Including the Beneficiary of the Settlement Funds. In Ramirez v. McCormack, Case No. B340986 (2d Dist., Div. 8 Aug. 8, 2025) (published),

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CALIFORNIA ATTORNEY'S FEES

Special Fee Shifting Statutes: Prevailing Petitioner In Administrative Proceeding Rescinding A DUI Driving Suspension Decision By A DMV Hearing Officer Was Not Entitled To An Award Of Attorney’s Fees For Subpoena Request To The Sheriff’s Department

By Marc Alexander

August 9, 2025

Petitioner’s Dilatory Request For Subpoena Enforcement Before The DMV Hearing Officer Did Not Warrant Fees Under Government Code Section 800. Government Code section 800 requires an award of attorney’s fees to a prevailing complainant in a civil action to review

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CALIFORNIA ATTORNEY'S FEES

Costs, Private Attorney General: $7,670.55 Costs Award And $613,893.75 Private Attorney General Fee Award To Prevailing Petitioner Affirmed On Appeal

By Marc Alexander

August 9, 2025

On Appeal, Appellant Failed To Take Trial Court’s Findings Into Account, And Failed To Show Abuse Of Discretion. Prevailing petitioner, a local citizens group, successfully obtained a preliminary injunction to vindicate CEQA concerns in Save Petaluma v. City of Petaluma

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CALIFORNIA ATTORNEY'S FEES

Special Fee Shifting Statutes: 2/6 DCA’s Reversal Of A Decision Finding No Brown Act Violations Meant That A Remand Was Necessary To Determine If Fees Were Warranted

By Marc Alexander

August 9, 2025

Because The Statute Is Discretionary, The Trial Judge Was The One To Determine If Fees Should Be Awarded. In G.I. Industries v. City of Thousand Oaks, Case No. B337103 (2d Dist., Div. 6 Aug. 5, 2025) (unpublished), the 2/6

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