May 2010

SLAPP Two-Fer: High SLAPP Fee Award Cannot Surmount Abuse Of Discretion Review Standard And Partial SLAPP Wins On Appeal Allow Entitlement To Partial Fee Recovery

Cases: SLAPP

  Watts v. Curry, Case No. B213862 (2d Dist., Div. 6 May 17, 2010) (unpublished)      The first sentence of this decision told us it was written in the distinctive writing style of Presiding Justice Gilbert: “A series of seemingly petty, yet niggling, acts fueled by anger and frustration precipitated this unfortunate lawsuit.”      A […]

Probate: Elder Financial Abuse Fees Affirmed Where Impacted Party Never Challenged Basis For Award In Probate Proceedings Below

Cases: Probate

  Second District, Division 6 Upholds Fee Award Exceeding $49,000.      In order to avoid a waiver, a litigant needs to challenge fee entitlement in proceedings below.      Porco v. Helm, Case No. B211138 (2d Dist., Div. 6 May 17, 2010) (unpublished) involved a trustee who was removed via a petition which requested “such attorney’s

Fee Clause Interpretation And Settlement Exclusion: Court Of Appeal Reverses Trial Court Refusal To Grant Attorney’s Fees To Prevailing Supplier In Water Clarification Building Fire

Cases: Fee Clause Interpretation, Cases: Settlement

  Third District Finds Settlement Agreement Carve-Out Preserved Right to Seek Fees Under Indemnity Agreement Clause.      Bravo to the attorneys representing a prevailing party in the next case. They properly worded a partial settlement agreement carve-out so as to preserve their client’s ability to seek fees under a contract once the client prevailed against

Family Law: Section 271 Sanctions Award Of $4,000 Affirmed Where Wife Had No Substantiating Evidence Or Took Inconsistent Positions On Application Of Governing Precedent

Cases: Family Law

$4,000 Out of $25,000 Expended by Husband Found to be No Abuse of Discretion.      Link to our category “Family Law” to discover lots of posts on Family Code section 271. This statutory provision allows family law judges to sanction cantankerous litigants with attorney’s fees for failing to promote settlement or cooperation in family law

In The News . . . . Strange Twist: Arizona’s New Anti-Immigration Statute Contains Citizen Suit Fee Shifting Provision

In The News

Uncivil Rights      A lot of fervor and controversy has swirled over Arizona’s passage of a new immigration statute which authorizes lawsuits by “any state resident” against any official or agency of the state “or its political subdivisions” that adopts any policy “that limits or restricts the enforcement of federal immigration laws . . .

Fee Substantiation: When Trial Court Bases Denial Of Fees On Independent Grounds, Address Both Grounds On Appeal Or Face Affirmance For Failure To Rebut Correctness Of Trial Court Ruling

Cases: Substantiation of Reasonableness of Fees

Second District, Division 5 Sustains Fee Denial Based on Failure to Address Fee Substantiation Inadequacies.      The next case we examine teaches a staple of appellate law: make sure you address all of the trial court’s reasons for a ruling on appeal. If you don’t, risk having the appellate court affirming based on the failure

Deadlines: Plaintiff’s Reliance on Adversary’s Fee Motion Extension, Despite Failure to File Written Stipulation, Was Excusable Neglect For CCP Section 473 Purposes

Cases: Deadlines

  Fourth District, Division 2 Finds Renege by Adversary Trumps Neglect to Comply With a Clear Rule.      Under California Rules of Court, rule 1702(c)(2), any stipulation to extend the time for filing a motion for attorney’s fees on appeal must be filed with the court before the original time has expired. The next case

In The News . . . . Wells Fargo Gets Hit With Legal Fees In Broker Raiding Case And Wife Of Alleged Embezzler Seeks Legal Fees Incurred In Seeking Return of Personal Property From Huntington Beach

In The News

  Wells Fargo Advisors LLC Ordered to Pay $948,000 in Fees/Costs to Stifel Nicolaus & Co., Inc.      Wells Fargo Advisors LLC has been ordered by the Financial Industry Regulatory Authority Inc. arbitration panel to pay $633,000 in attorney’s fees to Stifel Nicolaus & Co., Inc. and $282,000 in fees to Chris Nielsen, a former

SLAPP: Law Firm “Saddled” With $76,275 SLAPP Fees Award For Failure To Make An Untimely Objection 19 Months “After The Horse Left The Barn”

Cases: Deadlines, Cases: SLAPP

U.S. District Judge Says “Nay” to Untimely Objection, Refusing to Follow Unpublished State Court Decision and Finding “The Horse Relevant to the Objection Left the Barn” Long Ago.      Here is an interesting development that Mr. Ed of an erstwhile television series (the proverbial “horse, of course, of course”) would be proud of. It also

Scroll to Top