July 2013 – Cal Attorneys Fees

Probate/Retainer Agreements: Deceased Attorney Entitled To Contingency Fee Recovery, After His Death, Where Retainer Agreement Specified Work Could Be Delegated To Other Attorneys

July 31, 2013

Because Contingency Related to Work for Beneficiaries Apart from Estate Benefits, No Compliance Necessary With Probate Code Court Approval Requirements. Okay, readers, here is an interesting cross-over case involving probate, retainer agreements, and contingency awards. The case is Sare v. Shad, Case No. C069573 (3d Dist. July 31, 2013) (unpublished). In this […]

Prevailing Party/Section 1717: Landlord And Tenant Denied Relief On Complaint And Cross-Complaint, With Neither Side Entitled To Attorney’s Fees As Section 1717 Prevailing Party

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 1717

July 31, 2013

Neither One Obtained Sought-After Litigation Objectives. When a lower court has discretion to decide who the prevailing party is, unless the facts show otherwise, the abuse of discretion generally applies on appellate review and dictates the result. That is what happened here. In Barez v. Ni, Case No. H037572 (6th Dist. July

Sanctions: FBI’s Previous Compliance With Document Existence/Search Information Through In Camera Previous Proceedings Meant Future Rule 11 Sanctions Were Inappropriate

Cases: Sanctions

July 31, 2013

Because District Judge Had Already Ruled on FBI’s Compliance, So No Rule 11 Sanctions Would Lie. Ya know, timing is everything; life in general, but especially in the law. The next case demonstrates the truth of this saying in real life time, all in the context of Rule 11 sanctions. Islamic Shura

Off Topic . . . . Recent Survey of Law Firm Economics Show Per Lawyer Revenue Rose From Third Quarter Last Year For All Attorneys, Except For Small Decline For 1-9 Attorney Sized Offices

Off Topics

July 31, 2013

According to Law.com, the Survey of Law Firm Economics showed firms with more than 150 attorneys had an 8.5% increase in revenues per attorney this year as compared with the same period through third quarter 2012. However, firms or offices with 1-9 attorneys saw revenue decrease 8% over the same time frame.

SLAPP Winners Denied Fee Recovery Because “Of Counsel” Attorneys Means Self-Representation Rule Applied And Other Attorney Did Not Represent Attorneys Having Exposure Outside Of Being Law Firm Constituents

Cases: SLAPP

July 31, 2013

Trope Rule Dictated the Result. In Legaspi v. Spivak, Case No. B240274 (2d Dist., Div. 4 July 30, 2013) (unpublished), a lower court denied attorney’s fees to winning SLAPP defendants (all attorneys or law firms) based on theTrope rule barring self-represented lawyers from recovering fees. The fee denial was affirmed on appeal.

Costs: $6,067.94 Reduction In Order For Planning Commission Hearings Transcripts Held After County EIR Approval

Cases: Costs

July 31, 2013

Government Code Section 21167(f) Was Basis For Reduction. In San Diego Citizenry Group v. County of San Diego, Case No. D059962 (4th Dist., Div. 1 July 30, 2011) (unpublished), losing CEQA plaintiff did challenge the costs of preparing part of an administrative record and argued the County was not entitled to reimbursement of

POOF!/SLAPP: Reversal Of SLAPP Grant Means $30,000 Fee Award Went Away.

Cases: POOF!, Cases: SLAPP

July 31, 2013

SLAPP Reversal Doomed Prior Fee Award Viability. Reversal on appeal can be cruel in any case, but especially in the SLAPP context. Renewable Resources Coalition, Inc. v. Pebble Mines Corp., Case Nos. B234347/B236218 (2d Dist., Div. 3 July 30, 2013) (published) is a good illustration. There, a SLAPP grant in favor of

Private Attorney General: Marijuana Dispensary, Winning At Pleading Stage, Did Not Win Ultimate Litigation Objective To Prevent City From Closing Dispensary

Cases: Private Attorney General (CCP 1021.5)

July 31, 2013

Dispensary Was Not Successful Under CCP § 1021.5, Ultimately. In Qualified Patients Assn. v. City of Anaheim, Case No. G046875 (4th Dist., Div. 3 July 29, 2013) (unpublished), a former medical marijuana dispensary lost an attempt to recoup attorney’s fees under the private atttorney general statute. Although dispensary won at the pleading stage,

Arbitration/Fee Clause Interpretation/Section 1717: Interesting Cross-Issue Case–Party Enjoining Arbitration Was Not Adverse Prevailing Party

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Section 1717

July 31, 2013

Court Can Award 1717 Fees With Enforceable Limitations–Such As, Did Adverse Party Acted Arbitrarily, Vexatiously, In Bad Faith Or Unreasonably–You Bethca! We like Abbey v. Fortune Drive Associates, LLC, Case No. A135062 (1st Dist., Div. 1 July 29, 2013) (unpublished) for a lot, if not a couple of, reasons: (1) it talks about

Off Topic: 25 Greatest Law Novels Ever; Judge Chastises Plaintiff Attorneys Suing For Internet Downloading; Wage/Hour Claims Increase In Federal Court Since 2008; Pre-Law Students Have Different Expectations For Using Law Degree

Off Topics

July 31, 2013

ABA List of 25 Greatest Law Novels. The August 2013 issue of The ABA Journal list these as the 25 greatest law novels ever (actually 26, because 25 drew a tie between two books): 25. (tie) Old Filth by Jane Gardam (2004) 25. (tie) The Ox-Bow Incident by Walter Van Tilburg Clark (1940)