June 2025

SLAPP: $11,000 In Defense Fees For Partially Winning SLAPP Motions Affirmed On Appeal

Cases: SLAPP

Hearsay Evidence Could Be Credited By Analogy To A Family Law Case—Problematic, But OK Because Unpublished.                In Berry v. Pope Valley Union Elementary School Dist., Case No, A171352 (1st Dist., Div. 3 June 2, 2025) (unpublished), defendants won SLAPP motions and were awarded roughly $11,000 at the trial court level.  Those rulings held up […]

Lodestar, Reasonableness Of Fees: 2/5 DCA Publishes Blockbuster Opinion On Whether Federal Standard Of Heightened Scrutiny Of Fee Awards In Certain Cases Applies To California State Court Cases

Cases: Lodestar, Cases: Reasonableness of Fees

In A 2-1 Opinion, Majority Holds The Federal Standards Are Inconsistent With The State Standard Giving The Trial Judge The Power To Adjudge Based On His/Her Experience.                We were wondering when an appellate court would take on a split in intermediate appellate thinking on whether across-the-board reductions for unreasonable padding, duplicative work, and unnecessary

Discovery: Post PricewaterhouseCoopers Supreme Court Decision, 2/3 DCA Decides That $9,981 Sanctions Award Against Third-Party Witness Was Justified

Cases: Discovery

Sanctions Fell Within “Unusual Forms Of Discovery Dispute” Situations Encompassed In PricewaterhouseCoopers Decision.                In City of Los Angeles v. PricewaterhouseCoopers, LLP, 17 Cal.5th 46, 72-74 (2024), the California Supreme Court determined that the inherent authority of the court could allow for imposition of discovery sanctions, independent of express Discovery Act provisions, where there were

Insurance: Brandt Fees For Insured Had To Be Remanded Because Lower Court Conflated Duty To Defend And Duty To Indemnify Requirements

Cases: Insurance

Those Two Duties Are Very Different.                 For insurance coverage and bad faith practitioners, Bartel v. Chicago Title Ins. Co., Case No. H052083 (6th Dist. May 12, 2025 unpublished; May 30, 2025 published), may have salience for you.  There, in a very complicated case, some Brandt fees were awarded for some discrete periods of time. 

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