$53,509.51 In Pre-Offer Fees Were Allowed, Not Plaintiff’s Almost $470,000 Fees/Costs Request. Under recent posts, we have shown how a good defense offer under CCP § 998 will not pay dividends for a plaintiff who does not properly assess it and does not accept the offer. That lesson again resonated in Chen v. BMW […]
Equitable Servitude in an Amended Declaration if a Contract Under Civil Code Section 1717. In DeBevoise v. Robinson, Case Nos. D078207/D078679 (4th Dist., Div. 1 Dec. 29, 2022) (unpublished), neighbors got involved in an equitable easement dispute, with plaintiffs/cross-defendants getting equitable easement relief and also obtaining a prevailing party contractual fees award under an
Year End-Wrap Up By Mike, Marc, And Shanna For Our Top 20 Decisions In 2022—Part 2 of 2 First Floor Corridor, James R. Browning U.S. Court of Appeals Building, San Francisco, California. Carol M. Highsmith, photographer. 2009. Library of Congress. As we have done over the years, this blog provides its top 20
Proposition 65, No-Injury Food and Beverage Class Actions, PAGA, ADA, Lemon Law, Climate Change Litigation, and COVID-19 Liability Issues Were the Illustrative Matters Leading To California’s Ranking. The American Tort Reform Foundation’s 2022-2023 Judicial Hellholes Report is out, in which it ranks California #3, preceded by #1 Georgia and #2 Pennsylvania Supreme Court/Philadelphia Court
Lower Court’s Reduction Of Request For Excessive “Fees On Fees” Upheld In The Process. It is hard to overturn the amount of a mandatory fee award unless it shocks the conscience of the judge or justices reviewing the request for fees. That burden could not be overcome in Koerber v. Project Veritas, Case No.
This Is The Third In A Recent Trio Of Cases To So Hold. In our November 25, 2022 post, we discussed DeLeon and Espinoza, two appellate cases holding that a business failing to timely pay its share of arbitration fees under a consumer contract eschews its right to arbitrate and can be forced to
Plaintiffs Appealed, To No Avail, Even Though The Lower Court Reduced A Larger Request Of $221,510.50 And A Smaller Alternative Request Of $127,498.69. This next case, Elliott v. Tyerman, Case No. B316104 (2d Dist., Div. 5 Dec. 22, 2022) (unpublished), illustrates that a litigant who has been hit with a substantially reduced SLAPP fee
No Vital Public Policy Argument Presented To Prevent The Waiver Conclusion. One of the most fundamental rules of appellate advocacy is waiver. Generally, if an argument or objection is not presented at the trial court level, the appellate court will not review it. The appellate court does have discretion to review a question of
Award Could Not Lie Against Litigant’s Attorney, And Simply Challenging Judge For Bias Does Not Justify 271 Sanctions. In Featherstone v. Martinez, Case No. B316280 (2d Dist., Div. 5 Dec. 21, 2022) (published), mother and her attorney were ordered to pay $10,000 each in Family Code section 271 sua sponte sanctions ordered by a
Award Was The Defense “Full Ask.” After plaintiff lost a real estate case at the trial court level, the judge awarded the defense $360,965.50 in contractual attorney’s fees, the full ask of the defense in Tri-west Homes II, LP v. Ostayan, Case No. B307708 (2d Dist., Div. 2 Dec. 21, 2022) (unpublished). The merits
