Author name: Marc Alexander

Deed Of Trust, Section 1717: Statutory Duties To Reconvey In Quiet Title Action Allowed Prevailing Party To Obtain Fees Under Contractual Clause Incorporating Those Duties

Cases: Deeds of Trust, Cases: Section 1717

Integrated Loan Document Transaction Governed The Result.             In Heier v. Barnett, Case No. G054785 (4th Dist., Div. 3 Jan. 10, 2019) (unpublished) the appellate court affirmed an award of attorney’s fees to a prevailing party under a contractual fees clause in a quiet title dispute. The appellate court affirmed the fee award. The prevailing […]

Cases Under Review, Social Security: SCOTUS Decides That Social Security Benefits Cap Of 25% Only Applies To Court Representation, Not Agency Work

Cases: Cases Under Review, Cases: Social Security

SCOTUS Disagreed With Eleventh Circuit, Following The Contrary Conclusion By Three Other Circuit Courts. United States Supreme Court             On January 8, 2019, the United States Supreme Court issued its opinion in Culbertson v. Berryhill, No. 17-773 (U.S. Supreme Court Jan. 8, 2019), which confronted this issue in the social security benefits area: “Whether fees

In The News . . . . Los Angeles County Superior Court Judge Richard L. Fruin, Jr. Pens An Interesting Article On Law And Motion Volume In His Courtroom, Including Fees And Costs Trends

In The News

He Advocates “Nudges” For Efficient Litigation Given That 40% Of I/C Judges’ Cases Involve Pro-Plaintiff Prevailing Party Statutes; He Also Advocates A Meet And Confer Requirement For Motions To Tax Costs.             In an interesting article by sitting Los Angeles County Superior Court Judge Richard L. Fruin, Jr. in the January 8, 2019 edition of

Costs, Mediation: Fifth District Indicates, Quite Strongly, That Private Mediator Fees Are A Prime Candidate For Routine Costs Recovery In A Voluntary Mediation Situation

Cases: Costs, Cases: Mediation

Court-Ordered Mediation Alone Should Not Determine If Costs Recoverable; However, Expert Witness Expenses Not Ordered By Lower Court Were Not Recoverable.             The Fifth District, in Berkeley Cement, Inc. v. Regents of the University of California, Case Nos. F073455/F073586 (5th Dist. Jan. 7, 2019) (partially published; expert fee costs discussion not published; mediation costs discussion

Book Review: Richard L. Hasen’s “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption”

Miscellaneous

Co-Contributor Marc's Review Of Richard L. Hasen's The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, Has Been Published in California Litigation.     With the permission of California Litigation, the journal of the litigation section of the California Lawyers Association, co-contributor Marc's review of Prof. Richard L. Hasen's book, The Justice of Contradictions:

In The News . . . . 2018 HBR Consulting Report Indicates Corporate Law Department Spending Is Up And Outside Counsel Hourly Rates Are Up

In The News

However, These Same Departments Are Taking Steps To Assimilate More Services In-House, Including Increased Expenses On Artificial Intelligence Technology.             HBR Consulting provides various surveys, including several with corporate law departments, comprised of 250 organizations participating across 22 industries (with 65% of the survey participants being in Fortune 500 companies). We can now report on

Section 998: 2/2 DCA Decides Three Factors Are Especially Pertinent In Determining If CCP § 998 Offer Was Made In Good Faith

Cases: Section 998

Those Factors Are: (1) How Far Into The Litigation Was The Offer Made; (2) Information Available To the Offeree Prior To The Offer’s Expiration; and (3) Whether The Offeree Informed Offeror That It Lacked Sufficient Information To Evaluate, And The Offeror’s Response.             We have posted many times on CCP § 998 offers, which can

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