October 2012

Appealability: Losing Party’s Failure To Appeal Separate Fee Order, Where Court Made Clear Fees Was Separate Issue, Doomed Further Review

Cases: Appealability

  Failure to Provide Fee Motion Papers and Reporter’s Transcript of Fee Motion Clinched the Affirmance.      Goesch v. Hennagan, Case No. H037259 (6th Dist. Oct. 31, 2012) (unpublished), authored by Justice Elia on behalf of a 3-0 panel, is another stark reminder of two important points necessary to preserve appellate jurisdiction/review: (1) appeal from […]

Probate: Trustee Not Entitled To Attorney’s Fees In Contest Regarding Trust’s Responsibilities To Pay Beneficiary’s Living Expenses

Cases: Probate

  Cited Probate Code Sections 2622.5, 11003, and 17211 Did Not Provide Fee Entitlement.      Dohr v. Lintz, Case No. G046091 (4th Dist., Div. 3 Oct. 31, 2012) (unpublished), authored on behalf of a unanimous panel by Acting Presiding Justice Rylaarsdam, shows that a fee claimant needs to have a firm fee entitlement basis in

Fee Clause Interpretation/Section 1717: Broadly Worded Fee Clauses In Loan Documents And Guaranties Allowed Bank Entitlement To Substantial Fee Recovery

Cases: Fee Clause Interpretation, Cases: Section 1717

  “Touching Upon” Language Found Especially Persuasive.      Case law under Civil Code section 1717 allows for recovery of fees on a contract claim, and is augment by cases applying Code of Civil Procedure section 1021 if the contractual fees clauses are broad enough to encompass tort claims. Bank, a prevailing cross-defendant below on certain

Arbitration/Class Action: Attorney Failing To Arbitrate, Litigate, Or Appeal Was Not Entitled To Arbitrator Allocation Of Fees In Class Action Case

Cases: Arbitration, Cases: Class Actions

  Moral of the Story …. Be Careful What You Ask For (Or Don’t Ask For).      Here is a very interesting arbitration/litigation saga about attorneys and clients bickering over how to divide class action attorney’s fees. It also shows an objecting attorney that you better be careful how you proceed (and the objecting attorney

Requests For Admissions/Section 1717: Plaintiff Suing Under Breach Of Promissory Note And Fraud Suffers $41,117 Apportioned Adverse Fee Award Under Civil Code Section 1717, Affirmed on Appeal

Cases: Requests for Admission

  Denial of RFA Costs-of-Proof Sanctions to the Defense Also Sustained.      Both sides of the litigation in Terry v. Myers, Case Nos. B216925/B220128 (2d Dist., Div. 3 Oct. 29, 2012) (unpublished) probably went away very unhappy with the results of the Civil Code section 1717 fee award and the refusal to award costs-of-proof sanctions

Family Law: Second Appeal Is Not A Charm For Husband

Cases: Family Law

  $70,000 Needs-Based Award Affirmed So Wife Can Prepare for Trial.      Husband, in a prior appeal, did not convince the appellate court to overturn a $200,000 needs-based fees award in favor of wife. He didn’t in a second appeal of a $70,000 fees award made to wife so she could prepare for a 7-day

Insurance: Insured Had Incentive To Keep Costs Reasonable When Duty To Defend Dispute Occurred And Insurer Internal Billing Guidelines Not Contained In Policy Cannot Steer Fee Reasonableness Determination

Cases: Insurance

  U.S. District Judge So Rules in N.D. Illinois Decision.      We thank our friends at NALFA for calling the next decision to our attention (as posted on in their Attorney Fee Blog).      In Philadelphia Indemnity Ins. Co. v. Chicago Title Ins. Co., USDC, N.D. Ill. Case No. 09 C 7063 (June 10, 2012),

In The News . . . . Brea Wins Ballot Measures T and U Dispute, But Has Spent Close To $80,000 In Defense Of Suit Brought By City Council Candidate Steve Vargas

In The News

       As reported by Lou Ponsi in the October 26, 2012 online issue of The Orange County Register, Brea City Council candidate Steve Vargas brought a suit challenging the city clerk’s alleged omission in allowing attribution of oppositions to two ballot measures to the entire city council rather than just two city councilmen who

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