Jaleh v. Alford
Defendant once again appeals from a trial court order granting plaintiff attorney's fees on appeal. Jaleh filed a motion for attorney's fees under Code of Civil Procedure section 527.6, subdivision (i), upon remittitur from this court's award in his favor in the matter of Jaleh v. Alford (June 10, 2005, E036160) (nonpub. opn.), wherein Court affirmed the trial court's award of attorney's fees upon the remittitur from a prior award on appeal (Jaleh v. Alford (Sept. 9, 2003, E032876) (nonpub. opn.)). Court take judicial notice of these prior opinions in order to provide context for this appeal. As he did in appeal E036160, Alford claims that the trial court erred in granting Jaleh' motion for attorney's fees as costs on appeal. He argues that the trial court (1) failed to determine Jaleh's entitlement to an award of attorney's fees on appeal and failed to state the legal ground upon which its award was made, (2) failed to exercise its discretion in a manner consistent with satisfying legislative intent because it did not require proof from Jaleh's attorney that he took on the appeal only because of the existence of the fee shifting statute, (3) allowed Jaleh's attorney to earn a fee from Jaleh and be paid by Alford thereby "double dipping,"and (4) wrongfully awarded fees to an attorney whose services were in violation of the rules of professional conduct. We find these arguments unpersuasive and affirm the order.
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