Unjustified Contempt Proceedings Justified Family Code Section 271 Sanctions. In our December 19, 2012 post, we discussed Parker v. Harbert, where 271 sanctions were awarded against ex-husband for unjustified contempt proceedings. On January 15, 2013, the First District, Division 5 ordered the prior unpublished decision to be published.
“Bear Costs” Language In Offer Trumped Surplusage “Plaintiff Can File Costs Bill” In Acceptance Proposal. Whatley-Miller v. Cooper, Case No. B237335 (2d Dist., Div. 8 Jan. 15, 2013) (published) is an interesting add-on to the prolific increase in cases we have seen under Code of Civil Procedure section 998 pretrial offer jurisprudence.
Mother Was Not a Party, So Her Finances Were Irrelevant. In Marriage of Bailey & Nation, Case No. B236851 (2d Dist., Div. 8 Jan. 14, 2013) (unpublished), the appellate court reversed a needs-based fee award to husband because no evidence was adduced showing that ex-wife could afford to compensate him for his family
Overall Result, Remand to Calculate Mainly Attorney’s Fees Recovery. Subcontractor on a public works project won damages, penalties, prejudgment interests, costs and attorney’s fees against general contractor and general’s surety, but sub was denied fees on the payment bond even though sub prevailed. General and surety appealed, and subcontractor cross-appealed claiming that fees
The Feeling Is Mutual Concerned Citizens of South Central Los Angeles v. City of Los Angeles, Case No. B240301 (2d Dist., Div. 5 Jan. 14, 2013) (unpublished) demonstrates the reciprocity applicable to contractual fee clauses under Civil Code section 1717. It also demonstrates the POOF! principle applicable to results that are reversed on appeal.
Partial Publication Order Issued on January 16, 2013. In our December 19, 2012 post, we discussed Grossman v. Park Fort Washington, an unpublished Fifth District decision holding in a HOA-homeowner battle, among other things, that fees expended by a prevailing party on mandatory ADR efforts in these types of disputes are recoverable. We
No Exception to the Written Application Rule Applied Because Request Made At Non-Merits Hearing The lower court in Marriage of Erb and White, Case No. D060486 (4th Dist., Div. 1 Jan. 14, 2013) (unpublished) properly rebuffed mother’s oral request for a needs-based fees award at a procedural motion proceeding to set a future
$1.3 Million Fee Award Affirmed; Cassim Did Not Require Allocation in Civil Code Section 1717 Context Landlord and tenant got involved in a lease dispute resulting in a suit where both dueling contract and tort claims were pitted against each side, with tenant ultimately prevailing by winning $116,859 in lease damages and a
Award Affirmed, Because They Have To Be Reasonable And Bear A Logical Relationship to the Successful Claims. Altman v. John Mourier Construction, Inc., Case No. C064340 (3d Dist. Jan. 10, 2013) (unpublished) is an interesting construction defect case involving an award of Stearman expenses, a specialized issue to which we now turn with
We ran across from some interesting articles in the on-line version of the ABA Journal, posts provided by Debra Cassens Weiss and Patrick J. Lamb. We now share. The Ax: More Partnership Cutting Projected For Early 2013. A Wells Fargo study shows that 15% of 120 law firms are planning around 15%
