September 2009

Broad Fees Clause And Failure To Challenge Excessiveness Of Fee To Winner Spells Trouble For Losing Country Club Members

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

  Fourth District, Division 1 Affirms $779,955.97 Postjudgment Fees/Costs Award.      The next case covers several cross-over issues: fees clause interpretation; apportionment between covered and noncovered claims; and reasonableness of fees.      Here we go.      In Urquhart v. Del Mar Country Club, Case No. D052711 (4th Dist., Div. 1 Sept. 28, 2009) (unpublished), a […]

Real Estate Mediation Clauses: Fee Award To Winning Sellers Affirmed Because Sellers Did Show A Willingness To Mediate

Cases: Mediation

  Buyers' Failure to Respond to Sellers' Mediation Efforts Meant Mediation Clause Was Complied With.      We have surveyed many cases in the past that have strictly enforced CAR form mediation clauses, those provisions requiring that the parties attempt to engage in mediation before going to court in order to be qualified for an attorney's

POOF!: Reversal Of $30 Million Interference Judgment Means Substantial Costs Awards Went POOF! Too

Cases: POOF!

Costs Reversed For Redetermination After Future Retrial Or After Appellate Remand in Indian Casino Development Case.      The Fourth District, Division One Court of Appeal recently reversed a $30 million interference judgment, based on an inconsistent jury verdict, in an Indian casino development drama that was played out in San Diego County Superior Court.     

Section 998 Offers: Court Of Appeal Finds $1,501 Pretrial Settlement Offer Was Reasonable And In Good Faith Where Jury Defenses Personal Injury Plaintiff On Causation Issue

Cases: Section 998

998 Offer Was Made After Plaintiff Received Medical Treatment; Third District Affirms $58,821.98 Costs Award Against Plaintiff.      Timing is everything in judging the reasonableness of Code of Civil Procedure section 998 offers, as the next case shows.      In Dutta v. Coker, Case No. C056023 (3d Dist. Sept. 28, 2009) (unpublished), plaintiff car passenger

Correction On Past Post: October 9, 2008 Post On Lu v. Grewal Has An Error

Cases: Liens for Attorney Fees, Cases: Reasonableness of Fees

Department of Corrections.           We do not claim to be infallible, and thank a reader who recently drew our attention to our October 9, 2008 post on Lu v. Grewal. In our synopsis, we erroneously said “Plaintiff was unhappy, appealed, and lost,” whereas it should have said “Defendants were unhappy, appealed, and lost.” We do

Costs: Referee’s Costs Were Awardable In Partnership Damages/Accounting Dispute

Cases: Costs

  Fourth District, Division 1 Sustains Award of Referee’s Costs to Prevailing Party.      In Behne v. Chodur, Case Nos. D052416/D053551 (Sept. 24, 2009) (unpublished), a brother and sister unfortunately got into a partnership damages/accounting donnybrook. An accounting referee was appointed by the court to determine the net proceeds of several real estate projects involved

Voluntary Dismissal Of Tort Claims: Be Careful—If Contract Clause Allows For Recovery, You May Not Seek Refuge Under Santisas

Cases: Fee Clause Interpretation, Cases: Section 1717

Second District, Division 1 Affirms Fee Award to Broker Under Broadly Worded CAR Form Agreement.      Under Santisas v. Goodin, 17 Cal.4th 599 (1998), a voluntary dismissal will end fee exposure on contract claims. However, there is a hitch (usually is). The dismissal will not necessarily insulate against fee exposure for tort or noncontract claims.

Requests For Admissions: Court Of Appeal Reverses Denial Of RFA Sanctions Where Trial Court Found No Reasonable Basis for Denials But Found No Additional Work Expended

Cases: Requests for Admission

Fifth District Reversed, Finding Mandatory Sanction Was In Order.      O.K., readers, go to our category “Requests for Admission” for a primer on when fees can be awarded for sanctions when a party fails to admit the truth of RFAs. (Code Civ. Proc., sec. 2033.420(a)-(b).) Now, we have a reversal of a trial court ruling

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