Legal Opinion
Physician's Surrogacy, Inc. v. German
District Court, S.D. California
Decided April 19, 2018No. Case No.: 17cv718–MMA (WVG)PublishedCited by 7 opinions
1Opinion of the Court
If recovery of attorney's fees is limited to prevailing plaintiffs under California Penal Code § 502(e), Defendants are not permitted to recover their attorneys' fees as Defendants. See Swearingen , 2010 WL 1495204, at *2 ; Facebook, Inc. , 2017 WL 3394754, at *6 ; OptiStreams, Inc. , 2006 WL 829113, at *10. If the decision to award fees remains within the trial court's discretion, the Court finds it would be unreasonable to award fees because the Court did not determine that Plaintiff's section 502 claim was either frivolous or abusive. See U.S. Source LLC , 2014 WL 6977597, at *4 ; see Doc. No. 49…
2Cases cited12 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- David M. Fink v. James H. Gomez, Director, Diana Carloni NourseCourt of Appeals for the Ninth Circuit · 2001
- PRIMUS AUTOMOTIVE FINANCIAL SERVICES, INC., Plaintiff-Appellee, v. Rudolph A. BATARSE, Defendant, Jan C. Nielsen, AppellantCourt of Appeals for the Ninth Circuit · 1997
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3Cited by7 opinions
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- Christian v. BetakDistrict Court, N.D. California · 2025
- Corson v. JAMHI Health and Wellness, Inc.District Court, D. Alaska · 2022
- Hay v. MarinkovichCalifornia Court of Appeal · 2025
2 more not listed; retrieve them via the Exa API.