Marc Alexander

Latest from Marc Alexander - Page 7

Costs, Employment, POOF!, Prevailing Party: Plaintiff Proving Whistleblower Case, But Obtaining No Relief As Employer Proved A “Same-Decision Defense,” Was Erroneously Awarded Attorney’s Fees Under One-Way Whistleblower Statute, Labor Code 1102.5

July 10, 2025

$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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CALIFORNIA ATTORNEY'S FEES

Homeowner Associations, SLAPP: $6,300 SLAPP Fee Award In HOA’s Favor Affirmed On Appeal

By Marc Alexander

July 6, 2025

Main Reason Is That Homeowner Did Not Oppose the Fee Request, So Waiver Occurred. In Trabuco Highlands Community Assn. v. Loeffler, Case No. G063862 (4th Dist., Div. 3 July 1, 2025) (unpublished), HOA SLAPPed a state collection statutory action

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CALIFORNIA ATTORNEY'S FEES

SLAPP: $24,880 Fee Award Based On Frivolous SLAPP Motion By Plaintiff/Cross-Defendant Is Reversed And Remanded

By Marc Alexander

July 6, 2025

The Reason Was That The Lower Court’s Order Failed To Make Written Findings About The Sanctionable Conduct. SLAPP litigants and their counsel can be liable for attorney’s fees if they lose a SLAPP motion which is deemed frivolous, based on

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CALIFORNIA ATTORNEY'S FEES

Homeowner Associations, Prevailing Party: Homeowner’s Voluntary Dismissal Of HOA Without Prejudice Did Entitle HOA To Attorney’s Fees Under The Davis-Stirling Act Fee Shifting Provision

By Marc Alexander

July 6, 2025

$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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CALIFORNIA ATTORNEY'S FEES

Employment, Multiplier, Reasonableness Of Fees: Plaintiff’s Win On Some FEHA Claims Justified A $1,385,546 Fees/Costs Award

By Marc Alexander

July 6, 2025

Compensatory Award Was $709,555, With Counsel’s Skill And Multiplier Request Supporting The Fee Award Affirmed On Appeal. The trial judge in Ramirez v. Bala, Case No. H049689 (6th Dist. June 30, 2025) (unpublished) awarded a FEHA plaintiff $1,385,546 in

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CALIFORNIA ATTORNEY'S FEES

Ethics: Defense Counsel’s Failure To Notify Plaintiff Or Lower Court About Ineligibility To Practice Of Plaintiff’s Attorney Led To A Reversal And Remand Of An Adverse Fee Award Against Plaintiff

By Marc Alexander

July 3, 2025

Plaintiff Was Not In Pro Per, But Basically Unrepresented By Ineligible Counsel And No One Gave Her Notice Of The Ineligibility—Civility Again Stressed In The Fees Area. Civility has been stressed in many recent appellate opinions, with fee reductions affirmed

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CALIFORNIA ATTORNEY'S FEES

Arbitration, Sanctions: $183,304 In Sanctions Relating To Abandoned Arbitration Proceeding Awarded Against Employer Not Timely Paying Arbitration Expenses Under CCP § 1281.98(c)(1)

By Marc Alexander

June 29, 2025

Sanctions Are Awardable Where Fees Were Expended In Terminated Arbitration Proceedings. In an area where there has been a lot of litigation, an employer faces litigating in court and paying sanctions to an employee in a situation where employee wants

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CALIFORNIA ATTORNEY'S FEES

Consumer Statutes, Lodestar, Reasonableness Of Fees: Lower Court Awarding Fresno Rates To Attorney Litigating In Orange County And Slashing Fees/Cost Request By 82.9% Had Its Award Reversed And Remanded On Appeal

By Marc Alexander

June 29, 2025

Venue Rates Had To Be Used And The Substantial “Haircut” Needed More Explanation. What happened in Tidrick v. FCA US LLC, Case No. G063186 (4th Dist., Div. 3 June 26, 2025) (unpublished) is that lemon law plaintiffs requesting $82,719.33

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CALIFORNIA ATTORNEY'S FEES

Deadlines, Fees As Damages: Former Counsel In Contempt Proceeding For A Prevailing Party Was Entitled To A Fee Award Under CCP § 1218

By Marc Alexander

June 29, 2025

Fee Request Was Reduced, But Lower Court Found That Prevailing Party’s Subsequent Counsel’s Withdrawal Of A Prior Timely Fee Motion Allowed Former Counsel A Reason To Still Have It Heard In The Lower Court’s Discretion. In Vista Land, LLC v.

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CALIFORNIA ATTORNEY'S FEES

Section 998: Defendants Held Jointly And Severally Liable Did Not Beat Jury Verdict So As To Escape Costs Under Section 998

By Marc Alexander

June 26, 2025

No Non-Economic Damages Were Sought In Vehicle Property Injury Case, So Appealing Defendants Did Not Fashion A Successful 998 Offer. Defendants were held jointly and severally liable in a vehicle property injury matter where plaintiff recovered a $204,528 jury verdict

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