Remand to Trial Court Under CRC 3.1702(c) and 8.278(c)(1). In Bardales v. Duarte, Case No. D048239 (4th Dist., Div. 1 Feb. 8, 2010) (certified for publication), the Court of Appeal affirmed a trial court determination that it had the power to dismiss a petition seeking return of children under the Hague Convention on […]
As reported by Sean Emery in “Irvine legal fees in development fight run $1.3 million” (available for reading in the February 6, 2010 edition of The Orange County Register), the City of Irvine has incurred about $1.3 million in various legal fights over the Irvine Business Complex “vision plan”—an urban revitalization project near the
First District, Division 1 Addresses Claimed Conflict Between JAMS Rules and CCP Arbitration Correction Provision. Here is a decision that involves consideration of class action and arbitration crossover issues. Two attorneys deserving of attorney’s fees in a substantial class action settlement entered into an agreement among themselves on the allocation of fees, calling
Trial Court Has Inherent Discretion to Strike Costs Memo on Due Process Grounds, Limited Reversal Does Not Necessarily Vacate Prior Costs Award, and Post-Remittitur Costs Are Allowed in Trial Court’s Discretion. Although it might put you to sleep to recount the unusual procedural setting of the next case, Apex Wholesale, Inc. v. Fry’s Electronics,
Absence of Contract Between the Parties With a Fee Clause Precluded Recovery. The Fourth District, Division 1, in Cornelius v. Vogt, Case Nos. D053035, D053286 (4th Dist., Div. 1 Feb. 5, 2010) (unpublished), reminds us all that there must be a governing contract between the parties to allow recovery of prevailing party fees under
First District, Division 4 Disagrees with Ninth Circuit’s Hubbard Decisions. In our July 3, 2008 and January 12, 2009 posts, we discussed the Ninth Circuit’s Hubbard decisions (Hubbard v. SoBreck, LLC, 531 F.2d 983 (9th Cir. 2008) and Hubbard v. SoBreck, LLC, 554 F.3d 742 (9th Cir. 2009)), which held that a mandatory award
Second District, Division 1 Rules Plaintiff’s Mandate Challenge to Compel City To Award a Contract Through Competitive Bidding Not Subject to anti-SLAPP Statute. City of Pico Rivera likely felt pretty good after SLAPPing a plaintiff business’s mandate challenge to City’s invalidation of a contract with plaintiff and reentry into a contract with one of
Trial Court Had Jurisdiction to Award Fees While Merits Appeal Pending and Borrower Was the Prevailing Party. Borrower on a loan, even after an initial appeal, reduced a loan balance to only $3,602.72 after an offset for usurious interest. The lower court refused to award costs to lender and also awarded $43,960 to borrower
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Lower Court Did Not Err in Refusing to Award Costs, Says Fourth District, Division 3. In Helmy v. Assaf, Case No. G041883 (4th Dist., Div. 3 Feb. 4, 2010) (unpublished), plaintiffs achieved limited success in a declaratory relief action over the membership and control of the board of directors of a nonprofit named the
