Author name: Marc Alexander

Ethics, Retainer Agreements: On Remand, Trial Court Properly Found Equitable Estoppel Did Not Alter The Rule Invalidating Fee Sharing Among Attorneys

Cases: Ethics, Cases: Retainer Agreements

Equitable Estoppel Theory Was Not Supported By The Evidence.             On December 19, 2012, we posted on Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler, 212 Cal.App.4th 172 (2012) [discussed in our December 19, 2012 post], which held that a party may be equitably estopped from enforcing the rule which prohibits attorney fee splitting where […]

Judgment Enforcement: Lower Court Properly Denied Judgment Debtor’s Motion To Compel Full Satisfaction Acknowledgment From One Of Several Judgment Creditors After Payoff Of Only One Judgment Creditor

Cases: Judgment Enforcement

However, Judgment Creditor’s Acceptance Of Payoff Check Cut Off Further Postjudgment Fees, Even Though Other Judgment Creditors Were Not Paid Off.             Roe v. Ma, Case No. A150320 (1st Dist., Div. 3 Jan. 31, 2019) (unpublished) is a situation where a judgment debtor having four judgment creditors under a prior integrated judgment decided to satisfy

SLAPP: Appellate Court Does Not Determine If SLAPP Motion Itself Is Frivolous, Because That Is The Trial Court’s Job

Cases: SLAPP

SLAPP Denial Reversed And No Appellate Sanctions Were Warranted.             This next case involves a lawsuit brought by Glenn Symmonds, a drummer who was terminated by Edward Joseph Mahoney, aka Eddie Money, a singer and songwriter who performs in concerts across the country. Symmonds sued Eddie and his entertainment company, prompting a SLAPP motion which

Tort Of Another: $794,379 In Tort Of Another Fees Awarded To Seller And Against Dual Agent/Agent’s Broker Was Reversed As A Matter Of Law

Cases: Tort of Another

Tort Of Another Claim Had Been Stricken Earlier By A Different Judge And There Was No Indication Seller Actually Incurred Any Fees To Her Attorneys.             Boykin v. He, Case No. A149020 (1st Dist., Div. 2, January 31, 2019) (unpublished), was a very convoluted case considered on appeal by the First District, Division 2, in which

Family Law: Wife’s Request For Section 271 Sanctions In Her Responsive Declarations To A Dissolution Modification Request Was Not Affirmative Relief Under Family Code Section 213 Requiring A Separate 271 Motion

Cases: Family Law

Also, Hearing The 271 Sanctions Request At The Same Time Saved Court Resources.             The Second District, Division 2, in Perow v. Uzelac, Case No. B283457 (2d Dist., Div. 2 Jan. 31, 2019) (published), decided that a wife’s request for Family Code section 271 sanctions in her responsive declarations in a dissolution modification proceeding was

SLAPP: $102,699 In Appellate SLAPP Fees Affirmed On Appeal Against Losing In Pro Per Defendant/Cross-Complainant In Dispute With City Of Monrovia

Cases: SLAPP

Earlier, In Pro Per Litigant Hit With Trial SLAPP Fees Totaling $24,122.50.             City of Monrovia v. White, Case No. B282713 (2d Dist., Div. 2 Jan. 30, 2019) (unpublished) is quite a remarkable saga, showing how SLAPP fees against a losing litigant, especially against a losing litigant who also loses a subsequent appeal, can be

Arbitration: 2/7 DCA Decides, Absent Clearly Worded Arbitration Submission, That Arbitrator Refusing To Award Contractual Fees To Prevailing Party Can Do So Without Fearing Reversal

Cases: Arbitration

Appellate Court Follows Safari Over DiMarco, Although Reversing Denial Of Postarbitration Fees To Prevailing Party In Superior Court Proceedings.             The Second District, Division 7, in Cohen v. TNP 2008 Participating Notes Program, LLC, Case No. B266702 (2d Dist., Div. 7 Jan. 29, 2019; posted Jan. 30, 2019) (published) dealt with a situation where a

Costs, Mediation: Co-Contributor Marc’s Article On Cost-Shifting In Mediation Is In The January 29, 2019 Daily Journal

Cases: Costs, Cases: Mediation

Mike & Marc Have Previously Posted About Berkeley Cement v. Regents Of The University of California.     Co-contributor Marc's article entitled "Cost-shifting in mediation after Berkeley Cement ruling" appears today, in the January 29, 2019 Daily Journal. If you subscribe to the Daily Journal, then you can access the article on-line. Or you can read a

Deadlines, Special Fee-Shifting Statute: Attorney Asking For Mandatory Relief Stemming From A Failure To File Default Set Aside Motion Before Default Judgment Prove-Up Properly Had To Reimburse Other Side For $10,000 In Attorney’s Fees

Cases: Deadlines, Cases: Special Fee Shifting Statutes

Fact That Discretionary Relief Also Included, Which Does Not Allow For Fee Shifting, Did Not Change The Result.             In Fink v. Cost U Less Cars, Inc., Case No. C085383 (3d Dist. Jan. 29, 2019) (unpublished), attorney was ordered to pay $10,000 in attorney’s fees and costs for the lower court’s grant of a mandatory

Scroll to Top