April 2009

Supplemental Jurisdiction Dismissal: Attorney’s Fees Not Allowable Because Dismissed Claims Could Be Refiled And No Alteration In Legal Relationship Between The Parties

Cases: Quashing/Lack of Jurisdiction

  Ninth Circuit Refrains from Deciding One Issue, Finds No Fee Entitlement After Without Prejudice Dismissal, and Cites Federal Case That May Vary From California State Law on an Inconvenient Forum Dismissal.      Avery v. First Resolution Management Corp., Case No. 07-35726 (9th Cir. Apr. 2, 2009) (for publication) presented several thorny issues on whether […]

Family Law: Husband Loses Appeal Of $1,500 Fee Award

Cases: Family Law

Fourth District, Division 3 Finds He Violated Fundamental Tenet of Appellate Practice—Failure to Provide an Adequate Record.      Disgruntled husband was hit with a $1,500 adverse fee award assessed by a family law judge and made payable to wife’s attorney. Presumably, the award was made under Family Code section 271, which is a sanctions statute

Discovery Sanctions: Court Of Appeal Sustains $29,180 Discovery Sanctions Fee Award

Cases: Allocation, Cases: Discovery, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 2 Finds Winning Litigant Properly Allocated Fees.      In Bohl v. Pryke, Case No. E045405 (4th Dist., Div. 2 Apr. 1, 2009) (unpublished), a defendant in a “reporter’s shield law” case refused to reveal sources. However, he also apparently refused to answer legitimate discovery, drawing the lower court’s ire. The trial court

Conservatorships: Attorney Presenting Adverse Interests Had No Standing To Appeal Fee Award, Which Was Justified Based On Services Of Conservatee’s Attorney

Cases: Probate

Second District, Division 8 Affirms Fee Award to Attorney for Conservatee.      Conservatorships frequently happen to be sad cases, involving sad facts, litigious factions, and fee awards bitterly contested by relatives. This next case is no exception to the rule.      In Conservatorship of Gilly, Case No. B201971 (2d Dist., Div. 8 Mar. 30, 2009)

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