March 2017

Probate: Fee Recovery To Beneficiary Challenging Trustee’s Performance Reversed And Fee Denial To Trustee For Defending Lawsuit Reversed Based On An Overturning Of A Crucial Merits Ruling

Cases: Probate

  Beneficiary Failed To Show Fee Entitlement As A Matter Of Law.       In Morgan-Perales v. Savage, Case No. G052317 (4th Dist., Div. 3 Mar. 9, 2017) (unpublished), an assigned trial judge surcharged a trustee’s interest in a primary trust asset for failure to make rental payments, awarded a beneficiary attorney’s fees for successfully challenging […]

Employment: 2/7 DCA Reverses $129,000 Fee Award Against Unsuccessful Plaintiff In Wage/Hour Case Based On Retroactivity Of Amendment To Labor Code Section 218.5(a)

Cases: Employment

  2/7 DCA Panel Agreed With The Reasoning In the USS-Posco Industries Case.       In Jakiel v. Impresa Aerospace, LLC, Case Nos. B261175/B264508 (2d Dist., Div. 7 Mar. 8, 2017) (unpublished), the appellate court reversed a grant of over $129,000 in attorney’s fees in favor of an employer winning summary judgment in a wage/hour case.

Probate: Ordinary Compensation For Probate Attorneys Cannot “Double Account” The Value Of An Estate Asset.

Cases: Probate

Single Probate Asset Cannot Be "Double Dipped" In Single-Asset LLC Context.     Bock v. Superior Court, Case No. B267174 (2d Dist., Div. 2 Mar. 6, 2017) (unpublished) is a case which involves ordinary compensation for probate attorneys representing personal representatives of a probate estate under Probate Code section 10810–calculated on a sliding scale based on the

Employment: Beck v. Stratton Decision Is Now Published

Cases: Employment

  Deals With Attorney’s Fees Awardable, Depending On Civil Court Jurisdiction, Under Labor Code Section 98.2(a).       On February 16, 2017, we posted on the Second District’s decision in Beck v. Stratton, which dealt with a $31,365 Labor Code section 98.2(a) attorney’s fees award to employee in a Labor Commissioner case were the unpaid wage/penalties

Reasonableness Of Fees: Plaintiff In Pro Per Attorney Failing To Prevail In Multi-Year Litigation With Bank Was Properly Assessed With $744,204.50 Of Bank’s Legal Fees

Cases: Reasonableness of Fees

  Bank Had Requested To Recoup $1.3 Million In Fees.     Plaintiff in pro per attorney sued a well-known bank for breach of contract in connection with servicing his home mortgage.  Bank obtained a summary judgment on some claims and lost a remaining claim at trial after more than 11 years of litigation.  The trial

Allocation/Costs/Section 1717: Plaintiff Attempting To Dismiss Lawsuit Against Lenders Without Prejudice Subjected To Substantial 1717 Fee Exposure To The Tune Of $526,393 In Fees

Cases: Allocation, Cases: Costs, Cases: Section 1717

  Plaintiff Also Hit With Some Costs, But Some Non-Statutory And Discretionary Costs Were Stricken.      Plaintiff borrowers brought a multi-count contractual/tort/statutory claim-based suit against construction loan participants, ultimately attempting to dismiss the action without prejudice during trial. The trial judge determined the dismissal was not authorized and set it aside as void, further granting

Section 998: Trial Judge Improperly Found CCP § 998 Offer Invalid Based On Failure Of Offeree’s Counsel To Sign It

Cases: Section 998

  Also, Offer Was Valid For Proposing Dismissal Of Plaintiff’s Action With Prejudice.      In Mauzey v. Morschauser, Case Nos. D070681/D070683 (4th Dist., Div. 1 Mar. 3, 2017) (unpublished), a trial judge found a CCP § 998 offer invalid because it was not signed or authorized by offeree’s counsel (apparently counsel’s secretary had signed) and

Reasonableness Of Fees/Substantiation Of Fees: Appellate Court Reversed Denial Of Fees In Private Attorney General Case Where Only One Of Four Counsel Compensated

Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

  Appellate Court Felt Denial Of Compensation To Successful Appellate Counsel Was Not Fair, But Opinion Has Further Far-Reaching Consequences As Far As What Type of Fee Substantiation Suffices.       The abuse of discretion standard on fees award is difficult to surmount. However, it may not be such a tremendous hurdle if the rights facts

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