May 2016

Retainer Agreements: Attorney Retainer Agreement Secured By Real Property Did Not Prevent Firm From Seeking Fraud-Based Fees From Client After Making Full Credit Bid

Cases: Retainer Agreements

  Summary Judgment Reversed Based On Alliance Credit Bid Fraud Exception.     Attorneys in Beach Whitman Cowdrey, LLP v. Robertson, Case No. B259718 (2d Dist., Div. 6 May 18, 2016) (unpublished) likely were bummed when the lower court granted a summary judgment in ex-client’s favor and also awarded ex-client $61,208 based on an attorney’s fees […]

Bankruptcy/Requests For Admission: Auto Accident Defendant/Chapter 7 Debtor Properly Discharged From Liability For Costs-Of-Proof Sanctions Based On Post-Petition Conduct Or Post-Discharge Conduct

Cases: Bankruptcy Efforts, Cases: Requests for Admission

  Post-Petition Was Passive, Not Active, So Discharge Principles Applied.     In Reese v. Mingramm, Case No. B262021 (2d Dist., Div. 6 May 18, 2016) (unpublished), a defendant in a later personal injury action filed a Chapter no-asset bankruptcy but failed to list the personal injury plaintiff as a creditor given that the matter was

Prevailing Party, Private Attorney General, Section 998, Section 1717: Neither Borrower Winning $523.14 Nor Lender With Beating 998 Offers Were Deemed Prevailing Parties

Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Section 1717, Cases: Section 998

  Both Went Away Unhappy, We Assume.     In Russo v. Bank of America, Case No. D067623 (4th Dist., Div. 1 May 17, 2016) (unpublished), borrower and lender won some sides of claims in an impound dispute, although plaintiff borrower eventually won $523.14 based on a contract with a fees clause after seeking $795,000 plus

Deed Of Trust, Fee Clause Interpretation, POOF!: One Action Rule Barred Award Of Attorney’s Fees To Lender Based On Wording In Trust Deed Fees Clause

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!

  Result Was That Trial Court’s Award Of $175,000 In Fees Went POOF!      The lender in HSBC Bank, USA v. Wells Fargo Bank, N.A., Case No. B266405 (2d Dist., Div. 6 May 16, 2016) (unpublished) likely was surprised by the result in this case, but it also shows you how powerful the one action

Probate: Conservatorship of Bower Opinion Now Published

Cases: Probate

  Case Deals With Probate Code Section 3809’s Focus On Conservatee Support Expenses, Not Conservatorship Professional Expenses.     On April 16, 2016, we posted on Conservatorship of Bower, a Fourth District, Division 3 decision which was unpublished at the time.  It dealt with whether Probate Code section 3809 was a proper vehicle to award conservatorship

Class Action: Sixth Circuit Court Of Appeals, In 2-1 Published Decision, Approves $2.39 Million In Fees To Class Counsel

Cases: Class Actions

  Majority And Concurring Opinions Have Interesting Discussions On Valuing Settlement Benefit Of Class, Degree Of Fee Substantiation Necessary, And Propriety Of “Clear Sailing” And “Kicker” Settlement Provisions.      A recent decision from the Sixth Circuit, Gascho v. Global Fitness Holdings, LLC, No. 14-3761/3798 (6th Cir. May 13, 2016) (published), is an interesting one for

Pleading: Attorney’s Fees Amount And Proof Only Needs To Be Submitted In Default Judgment Packet, Not Claimed In Entry of Default Paperwork

Cases: Pleading

  Fees Can Be Claimed Later On In Default Judgment Packet, With Many Local Ordinances Allowing For Fee Recovery For Nuisance Abatement Actions.     The next case, although unpublished, is one that California state court litigators should love because it answers some of those vexing nitty-gritty procedural questions that we sometimes encounter when filling out

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