1/2 DCA Also Concludes That An Appellate Court Is Not Bound To The Rule Of Law Of The Case Where Adherence Would Result In An Unjust Decision. Armstrong v. Daly, Case No. A155656 (1st Dist., Div. 2 June 26, 2020) (unpublished) represents the second appeal related to a Code Civ. Proc. § 128.5 […]
Plaintiff Now Facing A Third Round Of Fees From Second Unsuccessful Appeal. After settling a case brought against his company by a former employee, plaintiff in Uziel v. Employment Lawyers Group, Case No. B299226 (2d Dist., Div. 4 June 26, 2020) (unpublished), filed a lawsuit claiming misconduct against defendant law firm that had
However, Next Few Months May Define What Actually Happens. We were somewhat surprised by the results of a Wells Fargo Private Bank’s legal specialty’s group survey of April-May 2020 data for 52 of the top grossing law firms and 20 midsized/regional law firms, which chartered some trends during the coronavirus pandemic. Overall, cash
Sanctions Do Not Need A Precise Correlation To Sanctioned Conduct And The Specific Fees. In Lebid-Jurtschyk v. Lebid-Jurtschyk, Case No. B300370 (2d Dist., Div. 4 June 25, 2020) (unpublished), ex-husband was hit with Family Code section 271 sanctions for insisting on too high of a listing price for a house, not signing documents to
Conservatorship Petition Was Successful And In Mother’s Best Interests. For those of you who have read our posts under the category “Probate,” you hopefully discerned that probate court is a court of equity, and that many of the fee decisions are guided by equitable principles. The result in Conservatorship of Dubro, Case No. A157185
On Appeal, Taxed Deposition Costs Were Additionally Awarded On Defense Cross-Appeal. In Nguyen v. House of Imports, Inc., Case Nos. G056789/G057216 (4th Dist., Div. 3 June 25, 2020) (unpublished), plaintiff lost a consumer remedies/lemon law case after rejecting two CCP § 998 offers. In the end, he was saddled with some routine costs. Plaintiff
However, Jury Trial Fee Waiver Argument Lacked Merit Given A Jury Waiver A Long Time Back. There are some famous quotes about justice under the American system. Two come to mind with respect to our next post. The first is: “It’s every man’s business to see justice done,” attributed to Sir Arthur Conan
Gilbert v. Master Washer Opinion Is Still Good Law On This Issue. In Opperwall v. Stone, Case No. A156200 (1st Dist., Div. 5 June 24, 2020) (unpublished), a plaintiff sued an insurer’s counsel for various contractual and tort counts, specifically suing two partners individually of a small law firm. They filed a SLAPP motion
$35,595 Fee Award Under CCP § 2033.420(a) Reversed Based On Early Nature Of RFAs And Lack Of Supporting Evidence Of Trial Proof To Correlate Against RFA Denials. Universal Home Improvement, Inc. v. Robertson, Case Nos. A157067/A157562 (1st Dist., Div. 2 June 24, 2020) (published) has some nice tips to litigators seeking to obtain “costs
Fees In Federal Case Were A Continuation Of The Entire Litigation, And Reconstructed Time Can Be Credited Under The Right Circumstances. The parties in Shuler v. Capital Agricultural Property Services, Inc., Case No. B294555 (2d Dist., Div. 6 June 24, 2020) (unpublished) came to the end of an agricultural trespass case which went before
