No Appellate Costs Awarded Per Se, But Probate Court Has Broad Powers To Award Attorneys Assisting Trusts Even On An Interim Basis. A beneficiary/removed trustee was flummoxed that the probate court approved the successor trustee’s request for payment of interim attorney’s fees and costs incurred in representing the trust on appeal out of the […]
Since Entitlement Not Decided Under Original Judgment, Appeal From It Only Did Not Preserve Challenge To Subsequent Fee Ruling. Unfortunately, Clymer v. Elder, Case No. E072525 (4th Dist., Div. 2 Oct. 13, 2020) (unpublished) is another appellate case result which counsels one to appeal post-judgment orders or amended judgments where an original judgment did
Losing City Was Free to Go Forward With The Sale, So The Victory Was Pyrrhic. In City of Upland v. The Inland Oversight Committee, Case No. E073768 (4th Dist., Div. 2 Oct. 13, 2020) (unpublished), City sought through a validation action to validate its agreement to sell part of Memorial Park to San Antonio
Mountain Air Supported Denial Of Fees To Former Attorney. In Thomas v. Lin, Case Nos. B291508/B292496 (2d Dist., Div. 2 Oct. 13, 2020) (unpublished), clients brought contract/tort actions arising from defendant attorney’s professional misconduct. Clients entered into a written settlement release agreement, with one containing a fees clause encompassing “an action brought to enforce
Principal Reasons For Reversal Were That Certain Aspects Of The Employment Agreement Violated Business And Professions Code Section 16600. Claimant/counter-claim respondent, former employee, was hammered pretty hard in an employment arbitration when the arbitrator rejected his claim for a $300,000 deferred bonus, found for employer on a counterclaim to the tune of $652,243 for
Claims Of Competing Lienholders Had To Be Considered With Respect To Division Of Property Sale Proceeds. In County of Sonoma v. U.S. Bank N.A., Case Nos. A155837/A157245 (1st Dist., Div. 1 Oct. 8, 2020) (published), the appellate court affirmed a lower court’s order conferring super-priority status to property sale proceeds on a receiver’s financial
Appellate Court Had No Jurisdiction To Consider Any Fee Challenges. In Miller v. Bayview Loan Servicing, LLC, Case No. B295819 (2d Dist., Div. 2 Oct. 7, 2020) (unpublished), plaintiff appealed a judgment of dismissal after losing a demurrer without leave on all claims. Later, prevailing defendants moved for fees, a motion which was granted
Inadequate Record, Discretionary Apportionment Principles, And Failure To Show Abuse Of Discretion Led To Affirmance Of Awards. Defendants apparently were shocked by a trial judge awarding a combined $284,482.48 in attorney’s fees and costs against two groups of defendants and in favor of a plaintiff in a case alleging that defendants failed to disclose
No Violation of Law Shown Under Various Disability Statutes, With Catalyst And Prelitigation Demand Contentions Not Helping Either. Because construction/website disability claims are flooding the federal and state courts, Skaff v. Rio Nido Roadhouse, Case Nos. A152462/A153606 (1st Dist., Div. 1 Oct. 5, 2020) (published) is a case showing that the judiciary is eyeballing
Substantiation And Reasonableness Challenges Rebuffed On Appeal. In San Vicente Investment, LP v. Trammell Crow Santa Monica Development, LLC, Case No. B296147 (2d Dist., Div. 1 Oct. 1, 2020) (unpublished), sophisticated litigants battled it out over five years in litigation involving lots of law and motion, discovery, and then two rounds of largely successful
