It Acknowledges A Contrary First District Decision, But Agrees With The Result Reached By Other Sister Divisions Of The Second District.
In Max v. 8E6 Corp., Case No. B344025 (2d Dist., Div. 1 Sept. 29, 2026) (unpublished), the 2/1
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Special Fee Shifting Statutes (Ordinance): Prevailing Party City Of South Gate’s $99,370.50 Fee Award On A Public Nuisance Cross-Claim Under A First Amended Cross-Complaint Is Affirmed On Appeal
South Gate Did Not Need To Pray For Fees In The Initial Cross-Complaint Not Including A Public Nuisance Cross-Claim—The First Amended Cross-Complaint Was The Trigger, Which Did Include A Public Nuisance Claim And Prayer For Fee Recovery.
After winning a…
Family Law: Ex-Wife’s Failure To Prevail In Contempt Proceedings Did Not Bar Family Code § 271 Sanctions Awards To Ex-Husband
The Statutes Serves Separate Policy Purposes, Such That They Can Be Concurrently Applied In Dissolution Proceedings.
Arora v. Arora, Case No. D086321 (4th Dist., Div. 1 Sept. 28, 2026) (unpublished) involved a clash between two schemes, contempt proceedings and…
Homeowner Associations, Prevailing Party: Why Published? Because The Opinion Established That Generic Prevailing Party Statement In A Judgment Does Not Establish Fee Entitlement
That Determination Depends On A Future Fee Motion On Whether Entitlement Is Established—Not So, Ultimately In This Case.
In WCST Enterprises, LLC v. Ling, Case No. G065236 (4th Dist., Div. 3 Sept. 28, 2026) (published), the dispute involved neighbors…
Trade Secrets: Texas District Court Judge Issues $15.3 Million Attorney’s Fees Award To Prevailing Plaintiff In A Defend Trade Secrets Act Case
Plaintiff Won Compensatory Damages Of $168.5 Million, With The Merits Judgment Sustained After SCOTUS Refused To Grant A Certiorari Petition.
At the federal level, the Defend Trade Secrets Act has a fee-shifting provision which basically allows a prevailing plaintiff to…
Ethics, Retainer Agreements: New California Ethics Opinion Under Consideration Addresses Whether “Conversion Clauses” In Contingency Agreements Are Ethically Permissible
Unfairly Shackling Client On Key Decisions And Unconscionable Arrangements Likely Will Be Under Scrutiny.
Although it has not yet been adopted and remains open for public comment, the California State Bar’s Standing Committee on Professional Responsibility and Conduct has issued…
Consumer Statutes, Section 998: Where Contextual Reading Of Defense 998 Offer In Lemon Law Case Showed Defense Beat The Ultimate Judgment Based On Offer Terms, Matter Had To Be Remanded To Have Trial Judge Determine Preoffer And Postoffer Costs Due To Each Side
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,…
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…