Failure to Include Reporter’s Transcript Of Fee Proceedings Was Fatal On Appeal. In a growing trend among California intermediate appellate courts, the 4/3 DCA in Marriage of Watts, Case No. G053304 (4th Dist., Div. 3 Apr. 11, 2018) (unpublished), affirmed the denial of Family Code section 217 sanctions to the tune of $37,000 as […]
Appeal By Ex-Wife Found Frivolous, Which Carried $10,000 More In Sanctions. Marriage of Wintermute and Soltan, Case No. G052397 (4th Dist., Div. 3 Apr. 9, 2018) (unpublished) was a situation where ex-wife appealed a Family Code section 271 sanction of $25,000 after an earlier appellate opinion disagreed with a critical assertion of ex-wife that
With Respect To Double Costs For Frivolous Appeal, No Entitlement Unless Timely Costs Bill Filed. In In re Westwood Plaza North (Erde v. Bodnar, et al.), No. 17-55655 (9th Cir. Apr. 9, 2018) (per curiam; published), the Ninth Circuit adopted a “bright line” rule for filing an appeal sanctions request for attorney’s fees under
However, Trial and Appellate Rulings Offer Some Good Pointers On Agency Case Costs, Attempted Service Of Process On Two Addresses, Sheriff Travel Costs To Sign Depositions, And Ways To Have Deponents Sign Depositions Without Traveling To Court Reporter Office. We hope over the years that some of our posts have offered practice pointers, which
However, Plaintiff Was Entitled To Routine Costs As “Net Monetary Judgment” Prevailing Party. For all consumer attorneys, the next case should be of interest as far as what attorney’s fees can be awarded under the Song-Beverly Act where confidential settlements are involved and what standard governs the award of fees to the statutory “prevailing
Wow – Thanks To Your Viewers. Marc and Mike are close to our tenth anniversary on this blog. Hopefully, and very respectfully, it has provided some use to our readers – we will say nothing more. However, we have just passed 2 million lifetime page views. We are humbled and hopefully can
Full Fee Request Properly Awarded By The Trial Court, Which Did Not Need To Expressly Discuss Lodestar Factor Consideration In Her Ruling As we have observed before, federal courts generally require more detailed substantiation in support of fee requests and require district judges to explain their fees awards with some specificity. (See posts under
This Decision Demonstrates Apportionment Can Be A Substantial Percentage To Side Running Up The Costs Of Litigation Code of Civil Procedure section 874.040 allows the court in a partition action to apportion costs in proportion to parties’ interests or “as may be equitable,” with costs defined broadly in section 874.010 to include reasonable attorney’s
4/1 DCA Actually Provided A Circumstance-Prone “Rule Of Thumb” To Use. In Markel Ins. Co. v. Controlled Environment HVAC, Inc., Case No. D073125 (4th Dist., Div. 1 Apr. 4, 2018) (unpublished), plaintiff brought a res ipsa loquitur negligence case, one which was heavily contested on liability, causation, and damages—especially given the defense took the
4/1 DCA Adhered To Its Prior Sviridov Opinion, Despite Arave’s Criticism Of Svirdov. In Broten v. Target Corp., Case No. D070712 (4th Dist., Div. 1 Apr. 4, 2018) (unpublished), plaintiff sued Target for various retaliation/wrongful termination claims under FEHA. Although jurors found that harassment was a substantial motivating factor in Target’s discharge of plaintiff,
