Contingency Fee Arrangement Did Lead to a Fee Multiplier in SLAPP Award. In Rapp v. Geagan, Case No. A126121 (1st Dist., Div. 4 Oct. 29, 2010) (unpublished), defendants prevailed on a SLAPP motion. The wrinkle is that they were represented by a defense attorney hired on a contingency fee basis, with the understanding he […]
Silent 998 Offer Came Back to Bite the Defense as Silence Proves Golden for Prevailing Party. Many of the decisions we examine have major object lessons for litigators to pay heed to. After all, we like to say that good case management skills are usually learned through mistakes. This next case illustrates this principle
Second District, Division 1 Finds Important Public Right Vindicated Beyond Member’s Own Interests. In Burke v. Ipsen, Case Nos. B218286/B221436 (2d Dist., Div. 1 Oct. 29, 2010) (certified for publication), union member successfully obtained mandate compelling a union to conduct an election of officers and directors and to set aside recently amended bylaws of
Third District Finds Condemnor’s Final Settlement Offer Was Not In Good Faith, Not Condoning Unyielding Settlement Stances by Condemnors. We do not get that many eminent domain cases to report on. However, in our October 26, 2009 post, we did examine People ex rel. Dept. of Transportation v. Acosta, 178 Cal.App.4th 762 (2009), where
Building a Better Redondo Awarded $313,000 in Private Attorney General Fees. In our October 12, 2010 “In the News” post, we talked about Building a Better Redondo seeking a substantial fee award against the City of Redondo Beach for successfully getting Measure G on the upcoming November 2 ballot. Building a Better Redondo then
Daughter Had No Objective Basis To Deny RFAs. Under our category “Requests for Admissions,” we have explored many, many cases on “costs of proof” sanctions under Code of Civil Procedure section 2033.420, allowing a sanctions of fees and costs for proving at trial a denial of RFAs unless certain exceptions are met. Daughter/appellant in
Husband Failed to Meet His Burden on Appeal. Husband beat wife’s prior fee shifting, needs-based denial simply because she failed to file an updated income and expense statement under local rules. Unruffled, wife renewed the request later and added more fodder, seeking a total of $320,510.50 in fees for periods stretching back to Fall
First District, Division 2 Upheld Trial Court Decision to Award Some Fees and Costs to Teacher, But Not All of Them. Well, we report on all areas of the law. This one is a curious case, where a teacher untimely filed for fees and costs, but the trial court cut teacher a break and
Second District, Division 2 Determines Trust Beneficial Interest Is Not Part of Conservatee’s Estate. In Conservatorship of the Person and Estate of George, Case No. B221327 (2d Dist., Div. 2 Oct. 27, 2010) (unpublished), the trial court ordered fees for a conservator, County Counsel (counsel for guardian), and Public Defender (counsel for conservatee) paid
Fourth District, Division 3 Reminds Us That Prior Motion to Compel Is No Precondition to Sanctions Request. This next case is not so much remarkable for the result, but for reminders on what should be done by litigators when responding to discovery requests. In Mallard v. Progressive Choice Ins. Co. (Kent), Case No.
