The Reason Was That The Lower Court Prejudicially Misallocated The Burden Of Dis-Proof To The Defense.
Misallocation of the burden of proof, if not harmless error, can lead to disastrous results. That was the case in Comet Technologies USA, Inc.
California Attorney's Fees
Latest from California Attorney's Fees - Page 2
Civil Rights, Costs: Lower Court’s Entry Of $15,397.96 In Routine Costs Against FEHA Non-Prevailing Plaintiff Had To Be Reversed And Remanded
Lower Court Made No Predicate Finding That The Action Was Frivolous, With Boilerplate Language In Judgment Not Showing Express Findings Were Made To That Effect.
San Diego-Tomas v. Aspire Bakeries, LLC, Case No. A175977 (1st Dist., Div. 4 Oct.…
Nonsignatories: Property Manager Did Not Face Fee Exposure Under Contractual Lease Clause Only “Between The Parties”
Matter Goes On Between Landlord And Tenant, Although Tenant Prevailed, Based On A Partial Appellate Reversal.
In Wilshire West Medical Tower, LLC v. Karimi, Case Nos. B347841 et al. (2d Dist., Div. 1 Sept. 30, 2026) (unpublished), tenants defensed…
Sanctions: 2/1 DCA Agrees With Other Divisions Of The Second District That A CCP § 128.7 Unfiled Sanctions Motion Must Have A Motion Hearing Date To Be Valid
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In Max v. 8E6 Corp., Case No. B344025 (2d Dist., Div. 1 Sept. 29, 2026) (unpublished), the 2/1…
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Arora v. Arora, Case No. D086321 (4th Dist., Div. 1 Sept. 28, 2026) (unpublished) involved a clash between two schemes, contempt proceedings and…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,…