Court Majority Believed "Punishing" Attorneys For An Initial High Demand By Slashing Fees Would Lead To "Perverse Incentives." A steep 90% discount of a senior litigator's fees led a panel majority of the 9th Circuit to demand further explanation from the trial judge. Vargas v. Howell, No. 18-15513 (9th Cir. 2/5/20) (maj: Miller, Watford; […]
The Trial Court Erred In Concluding That Duty To Indemnify Was Not Triggered By The Filing Of Underlying Lawsuit Wherein Plaintiff Did Not Expressly Allege Negligence By Cross-Defendant. In Sierra Pacific Properties, Inc. v. Otis Elevator Co., Case No. A154578 (1st Dist., Div. 5 January 27, 2020) (unpublished) a commercial office building employee
Balance Of Unpaid Fees And Costs Were $31,147.17 When Former Client Stopped Making Agreed-Upon Monthly Installment Payments Of $200. In Delisi v. Wagner, Case Nos. D074728 and D075506 (4th Dist., Div. 1 January 27, 2020) (unpublished), an attorney sued his former client for unpaid fees and costs when Former Client stopped making monthly
4/3 DCA Declares The Reduction Undermined And Improperly Limited The Authority Of The Trustee To Pay Attorney Fees And Was An Abuse Of Discretion. Well, folks, in the famous words of Yogi Berra, “It’s déjà vu all over again.” In a July 15, 2016 post, we reported on Shelton v. Larson, and
Lower Court’s 998 Award Needed Recalculation; 2017 Amendments To Section 128.5 Rendered That Award Against Plaintiff Invalid As A Matter Of Law. In Lee v. Harjono, Case No. A151656 (1st Dist., Div. 5 Jan. 23, 2020) (unpublished), plaintiff (a lawyer) sued defendant driver and his wife in a car accident case, rejecting some CCP
Trial Judge’s Denial Of Fees Was Error, But He Protectively Decided Only 10% Of Winner’s Claimed Fees Were Reasonable—With The Appellate Court Modifying The Judgment To Award This Amount! This next one is interesting to show how trial judges can “protectively” express what attorney’s fees should be even though denying the request. By doing
However, Matter Was Remanded For Trial Judge To Consider Quantum Meruit Recovery. Hance v. Super Store Industries, Case No. F075852 (5th Dist. Jan. 23, 2020) (published) is a very scholarly opinion exploring an ethics issue. Briefly told, a plaintiff’s class action attorney was an experienced labor attorney, but he referred the matter to class
Code Of Civil Procedure section 685.040 Entitled Plaintiff Only To Fees Incurred On The Single Cause Of Action On Which He Prevailed. Code of Civil Procedure section 685.040 allows a judgment creditor to recover reasonable and necessary attorneys’ fees incurred in enforcing a judgment if the underlying judgment includes an award of attorneys’ fees
Plaintiff Was Victorious In Its Other Claims And Trial Court Was Allowed To Consider Equitable Concerns – Such As Attorneys’ Fees Plaintiff Incurred To Preserve Its Business Against Defendants’ “Unscrupulous Behavior.” In Techno Lite, Inc. v. Emcod, LLC, Case Nos. B284989 and B289486 (2d Dist., Div. 4 January 21, 2020) (partially published), two
Language in Defendant’s 998 Offer Was Ambiguous And Did Not Allocate Any Portion Of Payment To Any Cause Of Action Other Than The Song-Beverly Claim. Miss Rose Cade – Queen of the Lemons – 1919 or 1920 In Smart v. Ford Motor Company, Case No. C087422 (3d Dist., January 21, 2020) (unpublished), lemon
