July 2013

Section 998: Plaintiff Losing Child Abduction Civil Trial Based On Suit And Adverse Jury Verdict Was Liable For Defense Expert Witness Fees

Cases: Section 998

  Demand in Complaint Did Not Determine Good Faith of 998 Offer.      This next one involves “wild” facts but a fairly routine application of the law.      In Kulkarni v. Upasani, Case No. G045914 (4th Dist., Div. 3 July 19, 2013) (unpublished), plaintiff husband sued several family members and acquaintances, accusing them of conspiring

Fee Clause Interpretation/Section 1717: Nonsignatory Successor Correctly Exposed To Fee Exposure Where Complaint And Cross-Complaint Sought Interpretation Of Settlement Agreement With A Fees Clause

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

  Primary Right Showed Contractual Dispute Involved.      In CT Glendale, LLC v. Liu, Case No. B241445 (2d Dist., Div. 2 July 17, 2013) (unpublished), plaintiff obtained $37,612 in Civil Code section 1717 contractual fees in a litigation dispute interpreting which party owned cabinetry under a settlement agreement also containing a fees clause. Plaintiff won

Special Fee Shifting Statute: Although Burdensome, California Public Records Act Request Was Not “Clearly Frivolous” To Justify Fees Against Records Claimant

Cases: Special Fee Shifting Statutes

  Flaherty Appellate Sanctions Standard Applied to Public Records Act Element.      The Third District has finally spoken in Crews v. Willows Unified School Dist., Case No. C066633 (3d Dist. July 17, 2013) (published) on a California Public Records Act dispute . . . at least for the time being.      This is a long-running

Retainer Agreements/Special Fee Shifting Statutes: Fee Agreement Directing Payment To Attorneys Given Deference In Civil Asset Forfeiture Reform Act Case

Cases: Retainer Agreements, Cases: Special Fee Shifting Statutes

  Retainer Agreement Trumped Everything.      USA v. $186,416.00 in U.S. Currency, Case No. 07-56549 (9th Cir. July 17, 2013) (for publication) shows that fee agreements directing payment of fees to attorneys from a collective perspective can and do make a difference.      In this one, a suspended California corporation had assigned collection of fees

In the News

In The News

Flonase Class Action Counsel Win $50 Million In Fees, District Judge Selna Puts Hold On Fee Award To Toyota Unintended Acceleration Class Action Attorneys, N.Y. Bankruptcy Judge Approves $17 Million In Fees to Dewey & Lebouef’s Chapter 11 Attorneys, DOJ Approves New Larger Chapter 11 Bankruptcy Fee Guidelines, N.Y. Federal Judge Awards $40.7 Million to

Liens For Attorneys Fee/Retainer Agreement: Triable Issue Of Fact Required Reversal of Summary Judgment Where Evidence Demonstrated Existence Of Retainer Agreement Should Be Decided By Trier Of Fact

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

  If Second Retainer Agreement Signed By Client, Attorneys Lien Did Exist.      Majlessi v. Parman, Case No. B241063 (2d Dist., Div. 3 July 12, 2013) (unpublished) is a case where the lower court granted summary judgment across the board when a discharged personal injury attorney sued successor attorneys to honor an attorneys’ lien in

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