January 2014

Estoppel/Section 1717: Contract Only Allowing For Recovery Of Costs, Not Specifying Attorney’s Fees, Did Not Give Rise To Fee Recovery

Cases: Estoppel, Cases: POOF!, Cases: Section 1717

  However, Prevailing Party Did Get Routine, Non-Fee Costs Based on Waiver/Inadequate Record on Appeal.      In Yamtob v. Alon, Case No. B247453 (2d Dist., Div. 5 Dec. 31, 2013) (unpublished), plaintiff lost a dispute to defendant/cross-complainant, who certainly obtained a net recovery judgment against plaintiff arising out of a diamond transaction. (Fitting over the

Appealability/Discovery/Sanctions: Ninth Circuit Decides That Non-Party’s Appeal Of Interlocutory Orders After Date Of Final Judgment Is Timely

Cases: Appealability, Cases: Discovery, Cases: Sanctions

  Appeals Court Affirms Denial of Sanctions But Remands for Cost-Shifting in Favor of Non-Party in FRCP 45 Subpoena Dispute.      The Ninth Circuit has ended the year with a “bang” as far as clarifying non-party appeal rights and the circumstances under which subpoena compliance cost shifting is mandatory under F.R.Civ.P. 45.      The opinion

Costs/Eminent Domain/Prevailing Party: Inverse Condemnation Plaintiffs Obtaining Earlier Reversal Of Defense Summary Judgment Entitled To Routine Appellate Costs

Cases: Costs, Cases: Eminent Domain, Cases: Prevailing Party

  However, Attorney’s Fees Award Was Premature Until Judgment or Settlement Obtained Under Inverse Condemnation Fee-Shifting Provision.      In an earlier appeal, Plaintiffs had obtained a reversal of a defense summary judgment in an inverse condemnation case, with the appellate court directing that the lower court consider a request for fees under Code of Civil

Probate: Order Directing Conservatee’s Mother To Pay One-Half Of Conservators’ Attorney’s Fees Affirmed On Appeal

Cases: Probate

  Failure to Appeal November 2011 Order Was Fatal to Appellate Reconsideration.      Conservatee’s mother in Conservatorship of Gregory D., Case No. B245533 (2d Dist., Div. 3 Dec. 30, 2013) (unpublished) was ordered to pay one-half of the attorney’s fees of conservators’ counsel. She appealed, arguing that compensation for the attorney could only be charged

Year in Review 2013 – Part II

Year in Review

  Yearly Roundup: Mike and Marc’s Top-20 Plus Decisions in 2013 Roundup for tourists.  Fort Worth, Texas.  Carol M. Highsmith Collection.  Library of Congress. 2012.  Library of Congress. Part 2 of 2 – M & M’s Top 2013 Fee/Costs Decisions.      Here is the remainder of our top 2013 fee/costs decisions. However, if something comes

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