July 2012

Section 1717: Unilaterally-Worded Contract Clause Did Give Rise To Fee Exposure To Landlord Losing Unlawful Detainer Action

Uncategorized

  Reciprocity Principle of Section 1717 Made It Operative.      Landlord wasn’t happy about losing an unlawful detainer action to tenant, given that there was a unilateral fees clause that led to the lower court awarding $14,587.50 (out of a requested $$18,576) in fees to tenant as prevailing party under Civil Code section 1717. Even […]

Probate: Attorney Representing Petition In Conservatorship Proceeding Entitled to Fee Award Under Probate Code Section 2640.1 And Equitable Grounds

Cases: Probate

  Conservatorship Was Established, But Equity Supported Award As Well.      No one in Conservatorship of Zilberstein, Case No. B23420 (2d Dist., Div. 7 July 25, 2012) (unpublished) argued that granddaughter did not have good intentions in filing a conservatorship petition for her grandmother given some suggestion that her two children were unduly influencing the

Consumer Statutes/Section 998: Song-Beverly Warranty Act Acceptor of 998 Offer Garners Significant Attorney Fees and Costs Award

Cases: Consumer Statutes, Cases: Section 998

  No Judgment Needed and Dismissal With Prejudice Sufficient to Shift Fees and Costs Under Song-Beverly Act Scheme.      The Fifth District in Wohlgemuth v. Caterpillar, Inc., Case No. F061981 (5th Dist. July 23, 2012) (partially published) answered some interesting questions about the nature of Code of Civil Procedure section 998 fee-shifting in the context

Private Attorney General: Whitley’s Nonpecuniary Interest Analysis Applies As Well In Public Enforcement Actions Where Municipal Entity Is CEQA Winner

Cases: Private Attorney General (CCP 1021.5)

  Whitley Not Limited to Private Enforcement Actions.      City of Maywood v. L.A. Unified School Dist., Case Nos. B233739/B236408 (2d Dist., Div. 7 July 18, 2012) (partially published; fee discussion published) involved a municipality which won a CEQA writ proceeding challenging a final environmental impact report relating to a high school project, notwithstanding that

Sanctions: District Judge May Consider Attorney’s Ability To Pay In Imposing Sanctions On Attorney Under 28 U.S.C. § 1927

Cases: Sanctions

  Substantial Sanctions Remanded for Exercise of Discretion Because District Judge Did Not Believe It Had Authority To Reduce For Impecuniousness Concerns.      The Ninth Circuit in Haynes v. City & County of San Francisco, Case Bi, 10-16327 (9th Cir. July 23, 2012) (published) faced review of a $362,545.61 sanctions award against an attorney pursuing

In The News . . . . Large Pharmaceutical Company Saves $32.6 Million In Fees Under Alternative Billing Arrangements, Britney Spears Scores Some Fee Recoveries In Some Restraining Order Battles, And Weil Gotshal Portends To Reap $430 Million-Plus In Lehman

In The News

  GlaxoSmithKline Gets Bang for the Buck in Alternative Billing Arrangements.      As reported in a July 5, 2012 article in The American Bar Association Journal, pharmaceutical giant GlaxoSmithKline (GSK) saved tens of millions through value-based, non-hourly billing arrangements. By the end of 2011, 68% of GSK’s legal spending was predicated on alternative fee billing

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