January 2021

Fee Clause Interpretation, Section 1717: In San Diego Real Estate Investment Dispute, One Fee Award Of $227,734.32 Reversed While Another Fee Award Of $75,262.50 Affirmed

Cases: Fee Clause Interpretation, Cases: Section 1717

Whether Fee Clause Was “On The Contract” Or Fell Within The Fee Clause Language Determined The Results In This Case.             In the attorney’s fees area in California state courts where contractual fee clauses are at issue, key issues are whether a prevailing party actually prevailed “on a contract” for fee entitlement under Civil Code […]

Probate: $74,970 Attorney’s Fees Award To Law Firm Providing Services To Trust Affirmed On Appeal

Cases: Probate

Although No True Successor Trustee Was Appointed, Legal Services To The Person Administering The Trust Were Proper Because The Services Benefited The Trust And Because Person’s Services Were Ratified Through A Settlement Agreement.             In Orsinger v. Kemp & Associates, Inc., Case No. B303111 (2d Dist., Div. 6 Jan. 20, 2021) (unpublished), son of a

Appealability, Discovery, Sanctions: Appeal Of Terminating Sanctions Does Not Necessarily Also Encompass Challenge To Discovery Monetary Sanctions

Cases: Appealability, Cases: Discovery, Cases: Sanctions

2/7 DCA Implicitly Suggests Disagreement With Other Decisions, But Finds Two Sanctions Orders Were Not Intertwined.             OK, for you folks who love technical appealability issues, Taylor v. Forde, Case No. B298957 (2d Dist., Div. 7 Jan. 20, 2021) (unpublished), may be your forte, especially when it comes to appealability of discovery terminating sanctions orders

Consumer Statutes, Section 998: Plaintiff Only Suing For Injunctive Relief And Not Proving Damage Liability Under CLRA, Where Accepted 998 Offer Was Silent On Liability, Fees, And Costs, Did Not Give Rise to Fee Recovery

Cases: Consumer Statutes, Cases: Section 998

Case Is A Real Attention Getter With Respect to Acceptance Of 998 Offers Which Are Carefully Drafted.             We like this next case because if offers practitioners on both sides of the aisle an opportunity to carefully craft and accept CCP § 998 offer in certain consumer-oriented areas of the law.  Mikki v. Lifemark Group,

Request For Admissions: Plaintiff Found 75% Negligent In Bike-Truck Accident Properly Not Awarded Costs-Of-Proof Sanctions Where Defense Had Good Faith Belief In Contesting Negligence And Causation Issues

Cases: Requests for Admission

Defense Did Better Than “Hope Or A Roll Of The Dice” in Denying Two Key RFAs.             In Munoz v. County of Imperial, Case No. D075805 (4th Dist., Div. 1 Jan. 20, 2021) (unpublished), a bike rider sued after a personal injury accident with a pickup truck.  The jury awarded plaintiff $120,000 after determining she

Appealability, Employment, Intervenors, Prevailing Party, Section 1717: Bevy Of Appealability Issues And Prevailing Party Issues Were Resolved By 4/1 DCA Dispute Between Former Employer And Employee Over Return And Use Of Documents On A Jump Drive

Cases: Appealability, Cases: Employment, Cases: Intervenors, Cases: Prevailing Party, Cases: Section 1717

Employee Did Prevail On Employer’s Contract Claims, But Lower Court’s Reduced Fee Award For Prevailing On Labor Code Claims Was No Abuse Of Discretion—Given Attorney Intervenors Did Timely Appeal And Contest Merits Based On Their Attorney’s Lien Interest In Fees/Costs Awards.             This next case, Premier Mechanical Group, Inc. v. Harvey (Edwards), Case No. D075663

Costs: Reversal Of Costs Awarded To Defendants Necessitated By Reversal Of Trial Court’s Granting Of Defendants’ Summary Adjudication Motion On Negligent Misrepresentation Claim

Cases: Costs

Plaintiff Adequately Alleged Negligent Misrepresentation, Submitted Evidence Demonstrating A Triable Issue Of Fact, And Defendants Did Not Establish That Plaintiff Could Not Prove The Elements Of Negligent Misrepresentation.             For a nice discussion re the elements of intentional and negligent misrepresentation, we commend our readers read Borman v. Brown, Case Nos. D076239/D076748 (4th Dist.,

Arbitration: Arbitrator’s Decision To Reallocate Arbitration Attorney’s Fees And Costs Award In Payment Of Mortgage For Winning Tenants In Common Parties Was Proper

Cases: Arbitration

$304,894.15 Was The Reallocation Remedy.             Ahn v. Sanger, Case Nos. A157260/157935 (1st Dist., Div. 1 Jan. 15, 2021) (unpublished) demonstrates the breadth of arbitrators’ remedies as long as they rationally related to the contractual dispute being resolved.             There, in an initial arbitration, the Sangers won a contractual dispute against Ahn involving a multi-residential

SLAPP: $24,175 In Attorney’s Fees Award Was No Abuse Of Discretion For A Litigant Successfully Striking A Defamation Cross-Claim

Cases: SLAPP

No Meet And Confer Requirement Under SLAPP Statute, With Cross-Complainant Not Dismissing The Cross-Complaint Until After The SLAPP Motion Was Filed.             In Trinity Risk Management, LLC v. Simplified Labor Staffing Solutions, Inc., Case No. B297176 (2d Dist., Div. 8 Jan. 11, 2021 unpublished; published on Jan. 14, 2021), a cross-complainant—although indicating an intent to

Celebrities, News: Washington Post Reports That Donald Trump Has Instructed Aides Not To Pay Rudy Giuliani’s Legal Fees

Cases: Celebrities, In The News

Of Course, We Are High-Minded And Therefore Only Interested In The Potential Legal Issues . . .          On January 13, 2021, journalists Philip Rucker, Josh Dawsey and Ashley Parker of the  Washington Post, reported that outgoing President Donald Trump has instructed his aides not to pay Rudy Giuliani's legal fees. Specifically, they write: "Trump

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