Client Timely And Properly Rejected Non-Binding Award By Commencing A Trial After Arbitration And Notifying Attorney’s Counsel Of Client’s Intent To Reject The Award. The Mandatory Fee Arbitration Act (MFAA) (Bus. & Prof. Code, § 6200 et seq.) recognizes “the disparity in bargaining power in attorney fee matters which favors the attorney in dealings […]
The Davis-Stirling Act Fee-Shifting Provision, Section 5975(c), Mandates The Award Of Fees To The Prevailing Party With The Trial Court's Only Discretion Being To Determine The Reasonable Amount Of Fees. Hope Ranch Park Homes Assoc. v. Rubin, Case No. B299932 (2d Dist., Div. 6 December 14, 2020) (unpublished) involved a $30,600 penalty assessed against
Our David Letterman’s Top 10. Treasury. A $75,000 wheelbarrow of mutilated money on way to vaults. Employee in picture has wheeled barrow 50 years. From the National Photo Company Collection, photograph taken between 1909 and 1925. Library of Congress. We got a fun email from Damian Castaneda, a San Jose-based attorney who specializes
City’s Arrangement With Outside Counsel Did Not Violate Defendant Property Owner’s Due Process Rights, Fee Award Was Not Meant To Penalize Defendant For Defending Property Rights, And Trial Court Properly Determined City The Prevailing Party Under Catalyst Theory. Plaintiff City and defendant property owner had a long history of conflict regarding substandard conditions on
Costs Incurred By Plaintiffs In Relation To Other Defendants Were Directly Relevant To Case Against Appealing Defendant And Reasonably Necessary To The Litigation. In Booker v. Imerys Talc America, Case No. A153995 (1st Dist., Div. 3 December 11, 2020) (unpublished), wife and heirs of decedent continued mesothelioma-related litigation against seven defendants after his death.
Plaintiffs Achieved Partial Success In Their Opposition To Defendants’ Motion To Compel Arbitration, And Fees/Costs Are Not Awardable To Prevailing FEHA Defendant, Pursuant To Gov. Code § 12965(b), Unless The Court Finds Action Was Frivolous, Unreasonable, Or Groundless When Brought, Or The Plaintiff Continued To Litigate After It Became Clearly So. In Humphrey v.
Petitioner Failed To Cite Any Legal Authority To Support Her Contention That The Trial Court Abused Its Discretion By Awarding Fees And Provided No Reporter’s Transcript Of The Evidentiary Hearing. We have posted many times before on the importance of providing an adequate record on appeal and supporting arguments with legal authority and citations
$430,000 In Fees Awarded Against Signatory LLC, But Not Against Losing Individual Plaintiff. For a non-prevailing nonsignatory party to be exposed to fees, there must be some substantial link to the underlying contract involving signatory parties—such as the nonsignatory being a third-party beneficiary of a contract. (Real Property Services Corp. v. City of Pasadena,
Reason Is That There Was No True Attorney’s Fees Clause, Just One Where It Was Added As Additional Debt. Borrower in Tang v. JPMorgan Chase Bank, N.A., Case Nos. H045898/H046697 (6th Dist. Dec. 9, 2020) (unpublished) was not happy when he lost challenges to a nonjudicial foreclosure by the lender under a deed of
If Reasonable And Necessary, CCP § 1094.6(c) Allows For Recovery Of These Costs. In McMillan v. County of Siskiyou, Case No. C087960 (3d Dist. Dec. 9, 2020) (unpublished), plaintiffs wanted a hearing before the County’s Planning Commission to determine whether they had vested rights to a surface mine on a 1,741-acre property. They got
