Although Not Raised Artfully, Merits Of Objections Required An Evidentiary Hearing. Estate of Willard, Case No. 282122 (2d Dist., Div. 7 Jan. 2, 2019) (unpublished) is a case where an estate administrator of his mother’s estate did not gain any attention to his challenges to an attorney’s request for statutory and extraordinary probate fees. […]
En Banc Hearing Makes A Number Of Cutting EAJA Fee Shifting Determinations. Well, we are all in a New Year (2019 to be exact), everyone. Top of the Year, with the Ninth Circuit providing an en banc decision of importance in the civil rights/EAJA fee-shifting area. In Ibrahim v. U.S. Dept. of Homeland
Issue Was Cost Shifting For Redaction Of Computerized Materials Under The California Public Records Act. On September 30, 2018, we posted on the National Lawyers Guild case. We can now report that it was accepted for review by the California Supreme Court during the week of December 17, 2018. Here is the issue as
Fee Award Was 25% Of The Common Fund, But A Lower 14% If Value Of Customer Support Was Factored Into The Analysis. In In re Takada Airbag Products Liab. Litig., Case No. 1:15-md-02599 (S.D. Fla. 2018), a $299 million settlement was approved by District Judge Federico Moreno in a class action against Ford Motor
This Situation Was Far From A Mere “Draw,” As The Defense Characterized It. In Bayer v. Morse, Case No. A147318 (1st Dist., Div. 4 Dec. 28, 2018) (unpublished), 3 plaintiffs sued an apartment complex based on discrimination by the building management, which discrimination was aimed at tenants with children. Two plaintiffs won from a
Although Such Fees Should Usually Be Paid Forthwith, Probate Code Has Discretion To Defer Them For Payment Until Final Distributions Are Made. The common fund doctrine, which usually is at play in class action or probate cases, allows the person obtaining a benefit for a number of persons to be awarded attorney’s fees out
We Had Questioned Whether The Original Decision Finding Fees Should Be Awarded To Plaintiff Was Correct, With Court Of Appeal Agreeing With Us Upon A Rehearing. In our November 14, 2018 post on Olive v. General Nutrition Centers, Inc., Case No. B279490 (2d Dist., Div. 4), we had questioned at the end of our
Trial Judge Awarded A Minimal Award Based On Erroneously Applying CCP § 998 Penalties Of An Unjustified Nature. In our December 6, 2018 post, we discussed the then unpublished decision of Etcheson v. FLA US, LLC, Case No. D072793, where the 4/1 DCA reversed about a $2,637 fee/costs award by the trial judge after
“Court Intervention” Language Not Limited To Just One Court, 2/1 DCA Concludes. In Pont v. Pont, Case No. B284064 (2d Dist., Div. 1 Dec. 20, 2018) (unpublished), ex-husband was awarded $90,000 in attorney’s fees and costs for defeating ex-wife’s claim that he siphoned off community assets in an Orange County action, after the parties
Trial Court’s Second Chance To Prevailing Party Resulted In Costs Award. Once a prevailing party establishes that a cost item is recoverable (listed in CCP § 1033.5 or by statute, such as expert witness fees when a CCP § 998 shifting is triggered), the amount of the costs awarded is usually a discretionary call
