We Don’t Necessarily Agree With The Result In This One—But It Does Reflect Deference To Arbitrator Decisions. Bacall v. Shumway, Case No. B302787 (2d Dist., Div. 8 Feb. 18, 2021) (unpublished) is an interesting affirmance of an arbitrator’s award of attorney’s fees in the amount of $237,607.25. Although we do not opine often on […]
$125,000 Fee Award Challenge Could Not Be Entertained. In RSF Associates, LLC v. Nieto, Case No. D076227 (4th Dist., Div. 1 Feb. 18, 2021) (unpublished), plaintiff contractor won a $37,222.61 damages award against a landscaper defendant, with the defense cross-complaint recovering nothing. Later, plaintiff obtained a fees/costs award against defendant of more than $125,000,
Indemnity Defensive Actions Can Justify A Fee Award. In ReadyLink, Inc. v. Integrated Healthcare Holdings, Inc., Case No. G057280 et al. (4th Dist., Div. 3 Feb. 11, 2021) (unpublished), our local Santa Ana Court—in a 3-0 opinion authored by Acting Presiding Justice Moore—reminded us that substantial attorney’s fees ($1.2 million in the particular matter)
Small Claims Work Excluded, So The Ultimate Modified Award Was $83,555; Compensatory Award Was $30,929.94 Plus Interest. In Ojeda v. Azulay, Case No. B302440 (2d Dist., Div. 3 Feb. 10, 2021) (unpublished), plaintiff employee prevailed against defendant employers on three of eight Labor Code claims after a two-day bench trial, and was awarded $30,929.94
Particular Question Dealt With Substantial Supersedeas Bond Premiums and Interest. On January 8, 2021, the U.S. Supreme Court granted certiorari on an appellate costs issue, in City of San Antonio v. Hotels.com, No. 20-334 (U.S.), to wit: “Whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack[]
Make Sure Your Supporting Evidence Gets Properly Admitted, With Judicial Notice Not Likely To Get The Job Done! The Fifth District in Marriage of Patterson, Case No. F076753 (5th Dist. Feb. 9, 2021) (unpublished) reversed a Family Code section 1101(g) $75,000 sanctions award—mainly for attorney’s fees—in favor of ex-husband and against ex-wife. The reason
As We Have Said Before, Appeal Judgment As Well As Subsequent Fee Order To Be Safe. This next case from our local Santa Ana court stresses a recommendation we have throughout the years encouraged practitioners to heed: appeal both a final judgment (the original one, not amended) and a subsequent postjudgment fee order separately.
Although Original Judgment Creditors Did Not Move For Fees In The Underlying Judgment, The Underlying Judgment Obligating Judgment Debtor To Pay Reasonable Attorney Fees Was Sufficient To Trigger § 685.040. Code Civ. Proc. § 685.040 entitles a judgment creditor to the reasonable and necessary costs of enforcing a judgment – including attorney fees which
Prevailing Section 1021.5 Parties Successfully Defending The Case On Appeal Are Allowed To Move For Attorney Fees Post-Appeal Even If The Trial Court Denied Their Pre-Appeal Fees Motion. We discussed Doe v. Westmont College, Case No. B303208 (2d Dist, Div. 6) in our January 26, 2021 post. The case was unpublished at the time,
Becerra’s Successful Defense Resulted In A Published Decision Enforcing An Important Public Right And Conferring A Significant Benefit On The General Public, And Becerra’s Personal Financial Burden Incurred In Defeating The Petition Outweighed Any Pecuniary Benefit Becerra Might Have Received If He Won The Election. Plaintiff Eric P. Early (and his election committee) filed
