July 2013

Arbitration/Prevailing Party: Because Motion To Compel Arbitration In Pending Lawsuit Is Not An “Action” Under Civil Code Section 1717, Attorney’s Fees Award To Successful Compelling Party Was Premature

Cases: Arbitration, Cases: Prevailing Party

  Second District, Division One Disagrees With Contrary Conclusion Reached by First District, Division Two in Kors.      After plaintiffs filed a lawsuit against their former attorneys, those attorneys successfully moved to compel arbitration in the pending lawsuit, with the lower court also awarding them $67,930.50 in attorney’s fees as the prevailing party in the […]

Reasonableness Of Fees: 40% Vaguely Explained Reduction Did Not Pass Muster Before Ninth Circuit In Civil Rights Case

Cases: Civil Rights, Cases: Reasonableness of Fees

  Simply Saying Fees “Excessive” Was Not Enough.      In Barnard v. Theobald, Case No. 11-16625 (9th Cir. July 1, 2013) (for publication), the Ninth Circuit affirmed an excessive police force jury verdict against defendants. However, it vacated a district judge’s decision to reduce requested attorney’s fees under the federal civil rights statute (42 U.S.C.

Sanctions: $5,076 Sua Sponte CCP § 128.7 Fee Sanctions Order Reversed For Three Reasons–Inadequate Notice, Lack Of Bad Faith, And Ordering Payment to Defendant

Cases: Sanctions

  Civility Would Have Likely Averted the Whole Dispute, With Santa Ana Appellate Court Emphasizing Cooperation Rather Than Continued Litigation.      This is an interesting sanctions case, rife with cogent interminglings of discussions on the need for civility rather than continued litigation aggression when a transparent, inadvertent error was made during the course of a

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