Attorneys' Fees

In a nice mirror image of Chelios v. Kaye (1990) 219 Cal.App.3d 75, 80, this decision holds that since a contract is merged into the judgment on a breach of contract claim, a provision of the contract limiting attorney fee awards to $1,000 does not limit the fees that may be awarded to the prevailing plaintiff under CCP 685.040 as… Read More

Following Marx v. General Revenue Corp., 458 U.S. 371 (2013), which it holds effectively overruled Brown v. Lucky Stores, Inc., 246 F.3d 1182 (9th Cir. 2001), this decision holds that the attorney fee and cost provision of the Americans with Disabilities Act does not limit a district court's normal discretion under Fed. R. Civ. P. 54(d) to award costs to… Read More

B&P Code 7168 allows for a fee award to the prevailing party in a suit over construction of a swimming pool but not in a suit involving other types of construction activities.  The trial court here correctly denied plaintiff's fee motion because she did not prevail on claims involving construction of the swimming pool though she did prevail on claims… Read More

Except when a statute granting the right to an attorney fee award itself provides a basis for federal question jurisdiction, a district court lacks jurisdiction to award the defendant attorney fees after dismissing the complaint for lack of Article III standing. Read More

The trial court abused its discretion in holding that environmental protection parties were not entitled to attorney fees against a homeowner's association under CCP 1021.5 under the Adoption of Joshua S. (2008) 42 Cal.4th 945 exception.  That exception is narrow; it applies only to parties that litigate purely private matters that happen to raise issues of public importance.  It does… Read More

The trial court did not abuse its discretion in holding that a plaintiff homeowners association was not entitled to private attorney general fees under the catalyst theory.  To prevail on that theory, the court must find that the plaintiff's lawsuit was a material factor that contributed in a significant way to the defendant's adopting a changed plan or conduct that… Read More

A judgment creditor may recover costs and fees incurred in enforcing the judgment by either filing a memorandum of costs including both fees and costs or a motion for the award of costs and fees.  The memorandum or motion must be filed within two years after the costs or fees are incurred and before the judgment is satisfied.  The judgment… Read More

The district court abused its discretion in approving a $1.7 million fee award in a class action copyright infringement case in which class members received only $50,000 in a claims made settlement and no injunctive or other non-monetary relief.  While $1.7 million might be an actual assessment of fees by the hours times rate lodestar method, the resulting amount must… Read More

Plaintiff was the first attorney defendant hired on a contingent fee basis in an underlying case.  Plaintiff properly acquired an attorney's lien on any recovery in the underlying case.  Defendant fired plaintiff and hired Williams in his stead.  Williams also acquired an attorney's lien.  After the underlying suit was favorably resolved, plaintiff sued to recover his fees from the recovery. … Read More

On remand from Travis v. Brand (2023) 14 Cal.5th 411, the Court of Appeal reverses the order awarding defendants their attorney fees.  Under the Supreme Court's decision in the case, fees are awardable to the defendants in a suit under the Political Reform Act and Gov. Code 91003 only if the suit is objectively without foundation.  This suit did not… Read More

The trial court did not abuse its discretion in finding that plaintiff's suit was the catalyst that at least in part caused the city to increase its land use plan's allocation of areas for low cost housing to satisfy its regional allocable share of the county's affordable housing needs.  That was true even though it took the Legislature enacting a… Read More

On federal law claims, the prevailing party may recover its attorney fees only if federal law so provides.  Here, plaintiff prevailed on claims under the federal Indian Gaming Regulatory Act.  Neither that act nor any other federal law permits an attorney fee award on such a claim.  Plaintiff could not recover fees allowed under state law, such as CCP 1021.5. … Read More

Reversing the trial court, this decision holds that plaintiff is entitled to an attorney fee award under CCP 1021.5 based on her earlier appellate victory on her claim for disability retirement benefits from CalPers.  Merely enforcing existing law or securing a published opinion doing so is not necessarily enough to show that the action conferred a substantial benefit on the… Read More

The district court erred in not awarding Apple its attorney fees under the indemnity provision of its app developer agreement.  The indemnity clause expressly required indemnity of loss and expense due to the developer's breach of an obligation or warranty, showing that the clause was intended to cover litigation between the contracting parties as well as third party claims. Read More

In what started out as an attorney's attempt to collect $3,500 in fees from a client, the attorney got tagged with a $334,400 fee award to the client after losing in the mandatory fee arbitration proceeding and then not demanding a new trial within the allotted time.  B&P Code 6203 and 6204 provide for one-sided fee awards in an effort… Read More

A trial court must consider a party's ability to pay before ordering that party to pay all or a portion of the fees of an expert appointed by the court under Evid. Code 730 or Fam. Code 3111 or 3112. Read More

Following Whittlesey v. Aiello (2002) 104 Cal.App.4th 1221 and Terry v. Conlan (2005) 131 Cal.App.4th 1445, this decision affirms an order denying a trustee payment from the trust of attorney fees that the trustee incurred in defending against one putative beneficiary's suit to invalidate an amendment to the trust.  The challenge to the amendment would not, even if successful, have… Read More

Under Gov. Code 91003(a), part of the Political Reform Act of 1974, the trial court may award attorney fees to a plaintiff or defendant who prevails.  This decision holds that though the statute does not expressly so provide, to promote the Act's purpose of encouraging private litigation to enforce the act, the civil rights statutes' standard allowing the trial court… Read More

Heirs who filed a medical malpractice wrongful death suit lack standing to challenge the constitutionality of MICRA's limits on noneconomic damages (Civ. Code 3333.2) and attorney fees (B&P Code 6147).  Plaintiffs' attorney had not withdrawn or moved to withraw due to the statutory limits on attorney fees.  Moreover, there is no constitutional right to an attorney in civil litigation.  Plaintiffs… Read More

The supplementary payments provision of this contractor's CGL policy provided that if the insured contractor faced liability for personal injury or property damage pursuant to an indemnity provision in one of the insured's contracts, the insurer would pay for the insured's defense but count any recovery by the indemnitee as damages against the $1 million limit on coverage.  The supplementary… Read More