ONCALL
...Family Law
......Attorney Fees
 53 Cards On This Topic:
  • Beneficiary properly ordered to pay attorneys fees incurred in trustee's defense of trust where his objections to trust accountings were brought in bad faith.
  • Where a trust beneficiary instigates an unfounded proceeding against the trust in bad faith, a probate ct. has the discretion to award a trustee's individual attorneys fees.
  • A requester of public records is not entitled to attorney fees under the PRA after successfully litigating against a party attempting to prevent a public agency from disclosing the requested records.
  • Plaintiff not entitled to attorneys fees from defendant DMV where he did not obtain any relief not already provided to him by the trial ct. and DMV.
  • For purposes of determining the right to attorneys fees under GC §800(a), a party that "prevail[ed]" is synonymous with a "successful party" under CCP §1021.5.
  • Plaintiff's argument for costs forfeited where he did not set it forth in a separate heading in his appellate brief.
  • CCP §128.7 sanctions reversed where sanctioned party did not receive the required 21-day notice to withdraw its motion for reconsideration and avoid sanctions.
  • CCP §1021.5 attorneys fees affirmed against real estate investment company that committed fraud, and also the CA Dept. of Business Oversight.
  • Under CCP §581(e) court erred in not allowing plaintiff to voluntarily dismiss his case after parties rested at trial, but before closing arguments; CC §1717 prevailing party fees awarded to defendant in error.
  • Trial court erred in not awarding attorneys fees to newspaper under CCP §1021.5 where individual police officers and police officers association argued to compromise the rights of the public to disclosure of report on police shooting.
  • In custody dispute involving CA and IL, Mother could not collect attorneys fees and costs under FC §3452(a) where dispute implicated that statute's jurisdiction, and not enforcement, provisions.
  • In interstate custody dispute with F, trial ct. improperly denied Mother attorneys fees and costs under FC §7605(a) where IL action was sufficiently related to CA custody case.
  • FC §7605 only allows fee-shifting of attorneys fees and costs and does not allow the recovery of child care, travel or relocation expenses incurred in connection with custody litigation.
  • A nonfrivolous complaint cannot be presented for an improper purpose under CCP §128.7.
  • FC §271 does not preclude the payment of sanctions from spousal support so long as the reduction does not create an unreasonable financial burden.
  • Additional fees properly denied based on W’s unnecessary and overly litigious conduct, even where some claims were meritorious.
  • Sanctions payable from s/s bonus suggests a reduction in those variable payments would not impose an unreasonable financial burden.
  • A dissolved law firm does not retain a property interest in legal matters handled on an hourly basis that are in progress but not completed at the time of dissolution.
  • Where neither party achieved a simple and unqualified victory in contract litigation, trial ct. did not abuse its discretion in finding no party was entitled to attorneys fees under CC §1717.
  • Under CC §1032, where both parties in a litigation recover other than monetary relief, the trial ct. has the discretion to award costs or not.
  • Motion for sanctions under CCP §128.5 properly denied where offending complaint could have been withdrawn, and movant did not offer plaintiff that opportunity by complying with 21-day waiting period before filing.
  • Award of attorneys fees proper under CCP §1021.5 even where plaintiff had a pecuniary interest in the outcome of the litigation.
  • R&TC §5152 allows the recovery of attorneys fees in a successful taxpayer refund action only where the assessor did not apply a particular taxation provision because he or she believed it to be unconstitutional or invalid.
  • In a case where alter ego theory is asserted, both plaintiff and defendant may be prevailing parties entitled to attorneys fees under CC §1717.
  • When a party prevails in an action on a contract by establishing that the contract is invalid, inapplicable, unenforceable, or nonexistent, CC §1717 permits the party to recover attorney fees.
  • Attorney fees provisions in 2010 contract were not incorporated into earlier 2001 contract where contracts did not show a clear and unequivocal intention to incorporate each other; award of attorney fees reversed.
  • After appropriate warnings, court may impose substantial daily monetary sanctions for failure to comply with discovery orders.
  • Party judicially estopped from contradicting an argument successfully made in a previous appeal; doctrine explained.
  • In awarding interim fees to trustee in malfeasance suit, the court must assess the probability the trustee will be entitled to fees balanced against the relative harm to all interests in the litigation.
  • In child sexual abuse action, a defendant is eligible for an award of attorney's fees if he or she prevails on the merits, and not as the result of a procedural defect in plaintiff's case.
  • Assignee and holder of retail sales K responsible for paying award of attorney fees under settlement agreement where K made assignee subject to all claims and defenses.
  • Failure to consider defendant's previously filed documents incorporated by reference in attorney's fees motion requires remand for recalculation of award.
  • Plaintiff is a prevailing party in PRA litigation entitled to attorneys fees when he or she files an action that results in defendant releasing a copy of a previously withheld document.
  • Attorney fees properly awarded under CCP §1021.5 where action to enforce CA Coastal Act benefitted public as a whole, decision will have precedential value, and authorities had not commenced an enforcement action.
  • Ds' successful assertion of an affirmative defense is not equal to bringing an action for purposes of recovering attorneys fees under prevailing party agreement; Ds could recover fees on alternate basis.
  • Defendant may recover costs under CCP §998 where plaintiff asserts good faith FEHA and POBRA claims, and where both acts provide that an award of costs is limited to bad faith or frivolous actions.
  • In order to avoid paying defendant's costs under CCP §1038, plaintiff must show the action was pursued with reasonable cause and in the good faith belief there was a justifiable controversy.
  • Trial ct. must reconsider amount of attorney's fees awarded to plaintiffs under CCP §1021.5 if plaintiff's monetary award is reduced on remand, and where some of plaintiff's claims were unsuccessful.
  • CC §1717 does not obviate a party's right to jury trial when attorney's fees are sought as part of a cause of action.
  • FC §271 does not authorize the award of sanctions to nonparties, but rather is intended to promote settlement of family law litigation through shifting fees ••between the parties•• to the litigation.
  • An attorney's fees award under CCP §1021.5 cannot be imposed on a litigant who did nothing to adversely affect the public interest.
  • Trial court has broad discretion to determine the amount of reasonable attorney fees even when the parties stipulate the prevailing party is entitled to recover fees and costs.
  • D successfully moving litigation to Florida does not make it a prevailing party entitled to attorney's fees under CC §1717.
  • Where federal law authorizes an award of attorney's fees as part of costs, a judgment debtor need not post a bond to stay enforcement of the award pending appeal.
  • Under CCP §1021.5, trial ct. abused discretion in awarding no attorney's fees to three of P's attorneys where P was successful on the merits but claim for fees was based on objectionable evidence and claimed amounts were not fully substantiated.
  • Need-based attorney's fees for W upheld upon disparity of income between H and W.
  • W not entitled to attorney's fees award for fiduciary breaches under FC §1101 involving H's nondisclosure of s/p and community assets dissipated before separation.
  • Award to W of 150% of fees H paid to his attorneys not an abuse of discretion.
  • FC §2107 sanctions may issue at conclusion of trial, even if purpose is to deter repetition of conduct.
  • Where plaintiff's settlement offer to defendants did not contain an acceptance provision and plaintiff was awarded monetary damages at trial greater than her offer, defendant's motion to tax costs under CCP §998 properly granted.
  • Family ct. may award spouse need-based attorney's fees based on the premise that spouse has a right to retire.
  • CC §1717(b)(2) does not allow party to recover attorneys fees and costs upon opposing party's voluntary dismissal of K claims notwithstanding attorneys fees clause in K, but section does not bar fees and costs on tort claims.
  • FC §271 does not authorize sanctions other than attorney fees and costs; trial court has no inherent authority to impose monetary sanctions.


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