Orange County Register OpEd Piece Thinks Attorney’s Fees For Plaintiffs Is The Motivating Cause. Although we are not endorsing OpEd views in this blog, we will report on ones which have their own take on issues which the writers believe implicate attorney’s fees issues. The Sunday, July 28, 2024 edition of The Orange […]
For ADA/Disability Practitioners, A Disabled’s Successor May Have Standing To Pursue ADA And Related Claims For Injunctive Relief. In Saurman v. Peter’s Landing Property Owner, LLC, Case No. G061561 (4th Dist., Div. 3 July 26, 2024) (published), the Court of Appeal reversed a summary judgment grant and $98,852 CCP § 128.7 sanctions award against
Concurring Justice Explains That A More Flexible Standard Of Intra-Circuit Stare Decisis Is Applicable To State Law Questions. In AGK Sierra De Monteserrat, L.P. v. Comerica Bank, No. 23-15290 (9th Cir. July 19, 2024) (published), the Ninth Circuit reversed a district judge’s grant of attorney’s fees as damages under an indemnity provision despite California
Good Discussion Of Professional Responsibility Rule Requirements For Flat Fee Agreement Arrangements. In Dickson v. Mann, Case No. D081851 (4th Dist., Div. 1 July 16, 2024) (published), an appellate court has a discussion on who owns and how to handle client funds under a flat fee agreement. There, it agreed with a lower court’s
Judgment Was Void On Its Face. A judgment based on acceptance of a CCP § 998 offer was found void because the accepting party made a counteroffer in Endrawes v. Mitchell, Case No. B330916 (2d Dist., Div. 6 July 16, 2024) (unpublished). There, a defendant accepted a 998 offer but added language indicating appellant
Also, Messenger And E-Filing Charges Are Allowable In The Court’s Discretion. McCluskey v. Hendricks, Case No. B331457 (2d Dist., Div. 2 July 16, 2024) (unpublished) reinforced these principles for recovery of routine costs: (1) court reporter fees for trial transcription are recoverable (CCP § 1033.5(a)(11); Gov. Code, § 68086(d)(2)); (2) actual trial transcript preparation
However, Severability Was To Be Considered On Remand. In Ramirez v. Charter Communications, Inc., Case No. S273802 (Cal. Supreme Ct. July 15, 2024) (published), an employer faced unconscionability rulings on components of its arbitration clause, with the state supreme court issuing rulings on unconscionability and then whether those infirm clauses should or could be
Although Unintentional, School District Continued To Defend The Legality Of Its At-Large Elections Even Though Plaintiff Was Able To Show A Violation Of The Act, Obtain An Injunction, And Force Trustee-Area Election Based On Plaintiff’s Proposed Map. Although the amount of the fee award is not mentioned, the 4/1 DCA affirmed the award in
Employee Won $4,000 For Employer’s Failure To Issue Accurate Itemized Wage Statements. In Sanzone v. DCH Korea Imports, LLC, Case No. G063483 (4th Dist., Div. 3 July 3, 2024) (unpublished), an arbitrator awarded an employee $4,000 on a Labor Code failure to issue accurate itemized wage statements, after denying several other Labor Code claims,
Lower Court Impliedly Extended The Fee Filing Deadline, With The Failure To File An Income/Expense Statement Found Nonprejudicial In Nature. Bryan v. Bryan, Case No. E080311 (4th Dist., Div. 2 July 1, 2024) (unpublished) is a case where ex-husband was awarded $72,776.25 in appellate fees (out of a requested $90,000) for winning an appeal
