Case Is Reviewed On Our August 18, 2009 Post. For those of you who might represent the assignee of documents with a fees clause, we reviewed an interesting decision from the Second District, Division 8—The Vons Companies, Inc. v. Lyle Parks, Jr., Inc.—in our August 18, 2009 post dealing with the interaction between […]
Superhero Confronts Attorney’s Fees Issue. It is not just normal folks that sometimes have issues with attorney’s fees . . . celebrities are not above the fray. Hulk Hogan, whose real name is Terry Bollea, has claimed to have paid more than $1.5 million to a law firm defending him in a personal
Second District, Division 5 Finds Offer Was Made In Good Faith Under Abuse of Discretion Standard. Code of Civil Procedure section 998 offers can be tough and can completely shift the leverage in a particular case. Although the offers must be made in good faith, they must be evaluated carefully. The next one
Ninth Circuit So Holds in Recent Published Decision. In In the Matter of Hoopai, Case No. 07-15868 (9th Cir. Sept. 14, 2009) (for publication), the Ninth Circuit decided two things: (1) a creditor’s pre-confirmation request for an award of fees as an oversecured creditor in a Chapter 13 case was governed by 11
Court of Appeal Does Strike Nonstatutory Costs Award, Following Ripley Over Bussey. In Gaggero v. Yura, Case No. B203780 (2d Dist., Div. 5 Sept. 14, 2009) (unpublished), defendant won a purchase agreement dispute with a contractual fees clause after the trial court found that a condition precedent—CC&Rs—was not agreed on between both sides. (Seller
Second District, Division 6 Rejects Plaintiff’s Request for Award of $114,895 in Fees and $27,441.35 in Costs. Although the courts will award appropriate attorney’s fees to prevailing plaintiffs in civil rights disability cases, they will also discount for limited success and overinflated claims of complexity in litigation of the case. Molski v. Evergreen
Mr. Segal So Reports in Recent California Lawyer Article. We would like to thank Mr. Perry L. Segal, an IT executive turned e-discovery attorney and consultant, for an interesting statistic he provided in his article “E-Discovery: New Rules, Big Headaches,” published in the September 2009 California Lawyer. Mr. Segal reports that it’s estimated
Professor Uelmen’s Latest Survey Shows A Rise in Reversals. In the September 2009 issue of the California Lawyer, Professor Gerald F. Uelmen talks about the recent trends in California Supreme Court decision making, doing so in an article wickedly entitled “Too Much Togetherness?” Beyond this main topic, Professor Uelmen also has an interesting survey
Parent’s Ability to Pay Does Not Need to be Recalculated Every Time Minor’s Counsel Submits a Fee Bill. Courts can issue orders appointing counsel to represent the child under Family Code section 3150 in dissolution actions. The court has wide discretion to make the parents, rather than the County, responsible for the counsel fees.
Fourth Circuit Concludes Fees Are Payable to Claimant. Here is an interesting issue that has drawn a split among federal courts of appeals: whether attorney’s fees payable under the Equal Access to Justice Act, 28 U.S.C. section 2812 (EAJA), in Social Security Act benefit cases go to the claimant or the attorney. The importance
