Probate Code Section 11420 Dictated, Although Appellate Court Was Disturbed By Administrator’s Counsel’s Potential Conflicts Of Interest. In Estate of Steinberg (Hooy & Hooy v. Steinberg), Case No. A150046 (1st Dist., Div. 2 April 30, 2019) (unpublished), a law firm serving as counsel for an initial administrator of a probate estate had payment of […]
Myriads Of Other Bases For Fee Entitlement, First Introduced On Appeal, Rejected. If you are going to seek fee recovery, make sure you put forth all of your bases for fee entitlement at the trial court level. The fee claimant in Glass v. Veros Credit, LLC, Case No. G055257 (4th Dist., Div. 3 April
20% Settlement Fund Fee Award Was No Abuse Of Discretion, Cross-Checked By Lodestar. A class of college student athletes sued the NCAA over its capped maximum grant-in-aid prior policy which did not cover the full cost of school attendance. Both sides reached a settlement under which a mega-fund settlement of $208.664 million was reached, which
2/2 DCA Follows Sister Division 7’s Reasoning In Nutrition Distribution. In Kleidman v. Hilton & Hyland Real Estate, Inc., Case No. B285692 (2d Dist., Div. 2 April 26, 2019) (unpublished), $1,100 in sanctions were awarded against appellant and in favor of respondents based on a request in a motion to strike costs. Commendably, respondents
However, A Dissenting Justice Would Have Found Fee Entitlement Under CC&Rs And Section 1717. The next case, Shah v. Ross, Case No. B286783 (2d Dist., Div. 5 April 25, 2019) (unpublished), involved a situation where defendants/homeowner neighbors won a tree dispute initiated by fellow plaintiff homeowner. Defendants then sought fees under a CC&Rs fees clause,
However, Appellate Court Acknowledged That Results Were Decidedly Mixed, But Any Prevailing Party Determination Was To Be Made By Lower Court Driving multiple trips to the appellate court were the parties’ claims for attorney’s fees, something we have seen often and one of the things which inspired this blog. In John Russo Industrial
Appellate Court Did Not Have To Address Fee Entitlement Under The Automobile Sales Finance Act. This next case demonstrates how appellate courts do not have to address all fee entitlement issues advanced by a prevailing party if one fee entitlement basis can support fee recovery. Plaintiff won an earlier appeal by which the superior
Material Points Behind Initial Decision Were Disclosed And No Recovery Of Taxes Occurred. In SSL Landlord, LLC v. County of San Mateo, Case No. A151318 (1st Dist., Div. 3 April 23, 2019) (published), plaintiffs appealed a denial of attorney’s fees to them, as against County, under Revenue and Taxation Code sections 1611.6 and 5152.
Lower Court’s Denial of Winning Beneficiary’s Appellate Fees Reversed In This Appeal. One beneficiary in Key v. Tyler, Case No. B283979 (2d Dist., Div. 2 April 19, 2019) (published) successfully challenged a disinheriting, adverse trust amendment as being the product of undue influence by the trustee, who was also a trust beneficiary. Winning beneficiary
Nothing In General Costs Statutes Or Probate Code Section 17211 So Allows. In Ramirez v. Rue, Case Nos. B283677/B286574 (2d Dist., Div. 4 April 18, 2019) (unpublished), a trustee prevailed in a battle by co-beneficiaries challenging certain accountings. Trustee won because the probate court determined the contested accounting dispute was brought/prosecuted in bad faith and
