The motion of Plaintiffs and Cross-Defendants Mike Magers, Man Ko, Chun Ko, Lola Walmer and Donna Gonsalves (collectively the "Magers") for an award of attorney's fees pursuant to Code of Civil Procedure section 1021.5 against Defendants and Cross-Complainants Barry Pavan, Patsy Pavan, Frank Pavan and Mary Louise Pavan (collectively the "Pavans") is denied as set forth below.
Magers argue that they are entitled to an award of attorneys' fees in the amount of no less than $159,770.00 pursuant to Code of Civil Procedure section 1021.5 upon the following grounds: (1) the Pavans never objected to the award of attorneys' fees in the underlying Statement of Decision and proposed Judgment thereon, so they have waived any objection or opposition to Magers' motion; and (2) the Magers' action conferred a significant benefit upon the general public.
Pavans oppose the motion upon the grounds that: (1) the action did not result in a significant benefit conferred on the general public or a large c
Hearing Date
April 22, 2013
For full print and download access, please subscribe at https://www.trellis.law/.
The motion of Plaintiffs and Cross-Defendants Mike Magers, Man Ko, Chun Ko, Lola Walmer and Donna Gonsalves (collectively the "Magers") for an award of attorney's fees pursuant to Code of Civil Procedure section 1021.5 against Defendants and Cross-Complainants Barry Pavan, Patsy Pavan, Frank Pavan and Mary Louise Pavan (collectively the "Pavans") is denied as set forth below.
Magers argue that they are entitled to an award of attorneys' fees in the amount of no less than $159,770.00 pursuant to Code of Civil Procedure section 1021.5 upon the following grounds: (1) the Pavans never objected to the award of attorneys' fees in the underlying Statement of Decision and proposed Judgment thereon, so they have waived any objection or opposition to Magers' motion; and (2) the Magers' action conferred a significant benefit upon the general public.
Pavans oppose the motion upon the grounds that: (1) the action did not result in a significant benefit conferred on the general public or a large c