Marc Alexander

Latest from Marc Alexander - Page 6

Sellers Wanted Over $2.5 Million—Did Not Happen, Based On Lower Court’s Apportionment Which Was Found Appropriate. Where different contracts are involved and no success/limited success is involved, California law gives deference to a lower court to fashion a reasonable award

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Prevailing Party Determination Was Discretionary, With The Lower Court Not Abusing Its Discretion. Under Civil Code section 1717, if no side gets an unqualified win, a lower court determines the prevailing party on the contract by comparing the relief awarded

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Both Sides Appealed The Fee Award, But It Was Affirmed In Entirety. After an adjacent property owner and HOA settled an easement dispute in which $350,000 was paid to plaintiff, an attorney’s fees motion based on the settlement agreement contractual

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$400,000 Fee Award Reversed As A Matter Of Law, With County Entitled To Routine Costs As The Prevailing Party Below. In a “mixed-motive” whistleblower case, plaintiff proved the elements of his whistleblower claim, but he obtained no relief because defendant

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$148,142.26 Was The Fee/Costs Award Against Homeowner, Affirmed On Appeal. We frequently have posted on homeowner-HOA disputes. They are contentious. However, whoever prevails—and that can be a discretionary call—or if no one prevails can be a game changer in these

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