2/7 DCA Followed Its Earlier Conclusion in Doe v. Luster, Departing Opposite Conclusion By 4/3 And 2/3 DCA Panels. Defendant lost a SLAPP motion, but the trial court refused to award plaintiff attorney’s fees because it did not believe the motion to be frivolous. Both sides appealed in Hirschfield v. Cohen, Case No. B267706 […]
Spousal Support Is Income For Purposes Of Interpreting Section 271. In Marriage of Pearson, Case No. D070360 (4th Dist., Div. 1 Mar. 12, 2018 partially published; fee discussion published; other parts of opinion modified Mar. 27, 2018), the 4/1 DCA decided that a trial judge did not err in ordering that Family Code section
Fees Clause Was Broad Enough To Encompass Conversion Claim And Assignees Were “On The Hook.” In Sanchez v. El Monte Investments, LLC, Case No. B276423 (2d Dist., Div. 5 Mar. 27, 2018) (unpublished), former property owner sued her lender for conversion of certain insurance proceeds retained by the lender after fire damage to the
Further Fee Proceeding Remand Occurs In Decade-Spanning Litigation. Cathedral Hill Tower Condominium Assn. v. Garbar, Case No. A144036 (1st Dist., Div. 3 Mar. 27, 2018) (unpublished) was the latest appeal by homeowners against HOA in a decade-spanning action involving claims for nuisance, negligence, and breach of contract by HOA. A jury found in homeowners’
$5,000 Sanctions Award Against Attorney Reversed. Attorney and client her were sanctioned for $5,000 under CCP § 128.7 and Family Code § 271 in Saidiner v. Jacobs-Jakubowicz, Case No. B275860 (2d Dist., Div. 7 Mar. 26, 2018) (unpublished). Attorney appealed the sanctions award, which was reversed on appeal. The CCP § 128.7 sanctions could
Many Cross-Over Fees And Costs Issues Considered By Appellate Court In This One. In Davidson v. Southwick, Case No. E066978 (4th Dist., Div. 2 Mar. 26, 2018) (unpublished), plaintiff client successfully won a malpractice action based on various torts but lost a contract claim against certain attorney parties, winning a compensatory jury verdict of
$150,449.49 Was Costs Award To The Successful Defendant. Litigators at both the federal and state levels are fully aware of the expense which has been added to litigation based on having to produce electronically documents/information in cases (also known as “ESI”). The next opinion demonstrates that ESI expenses can be recouped by a successful
Lower Negotiated Hourly Rate Helped Salt Reasonableness Of Fee Award. In Montoya v. Belk, Case No. D072275 (4th Dist., Div. 1 Mar. 23, 2018) (unpublished), defendant won a SLAPP motion and then sought $20,108 in mandatory “reasonable” fees, with the trial judge awarding $16,396 instead. On appeal, plaintiffs challenged this as an abuse of
$715,833.25 Base Lodestar Request By Plaintiff Was At Issue Where $351,100 Compensatory Award And Permanent Injunction Were The Result In The Case. In Greg Young Publishers, Inc. v. Zazzle Inc., Case No. 2:16-cv-04587-SVW (KSx) (C.D. Cal. Mar. 21, 2018), U.S. District Judge Stephen V. Wilson denied a request by plaintiff for an award of
Dispute Involved Pharrell Williams’ “Blurred Lines” And Marvin Gaye’s “Got To Give It Up.” The Ninth Circuit in Williams v. Gaye, Case Nos. 15-56880 et al. (9th Cir. Mar. 21, 2018) (published) faced having to resolve an appeal of the case by which Pharrell Williams’ 2013 song “Blurred Lines” was found to have infringed
