Reviewing Court Felt That Sister Also Breached Her Fiduciary Duties And Did Not Get All She Wanted, So It Was An Abuse Of Discretion To Award Her Fees Out Of Trust Property. In what the parties themselves and the appellate court described as a dysfunctional relationship between a brother and sister who were at […]
Prior Settlement Agreement Between Parties Did Not Preclude Later Costs Award. In L.A. County MTA v. Parsons-Dillingham Metro Rail, Case No. B265863 (2d Dist., Div. 7 Feb. 26, 2018) (unpublished), Parsons was the prevailing party under a false claims count in a qui tam action. Earlier, Parsons and MTA had reached a settlement agreement
Probate Fee Order Presumed Correct. A probate court in Estate of Marshall, Case No. A150296 (1st Dist., Div. 2 Feb. 27, 2018) (unpublished) awarded an attorney $7,500 in ordinary attorney’s fees to a former attorney for an estate. An objection was filed stating that the fee should be shared with a court-appointed administrator, which
Reason Was That The Trial Judge Based Bad Faith Finding On Determination Which Did Not Fully Encompass The Trade Secret Cause Of Action Relating To The Adversely Impacted Cross-Complainant This is part of a continuing trade secret litigation saga, an attorney’s fees proceeding aftermath to a case we posted on in 2016, Dispatch &
Three Questions Are Certified To The D.C. Court Of Appeals. In our July 30, 2016 and September 15, 2016 posts, we informed our readers that the Ninth Circuit had certified certain accounting/clawback issues relating to what happens to post-depature legal work continued by departing partners after a law firm has dissolved, issues occurring in
Defense Did Prevail Because Arbitration Was Dismissed For Failure To Prosecute After Plaintiffs Failed To Pay Arbitration Fees. Fiscal Funding Co., Inc. v. Dones, Case No. A146377 (1st Dist., Div. 3 Feb. 27, 2018) (unpublished) was quite an arbitration battle in which the Claimants lost a motion to disqualify their attorney as well as
Procedural Requirements Did Guide This Result. In Fichter v. Byrd, Case No. B270418 (2d Dist., Div. 4 Feb. 27, 2018) (unpublished), the appellate court, as a matter of law, decided to strike a $729.11 costs award to prevailing plaintiffs through a clerk’s entry on plaintiffs’ judgment. The reason? Costs were awarded before the time
Plaintiff, Although Successful, Had Too Much Financial Incentive In Obtaining The Expensive Contract Job Or In Obtaining A Re-Bid Of The Project. In West Coast Air Conditioning Co., Inc. v. Cal. Dept. of Corrections and Rehabilitation, Case No. D071611 (4th Dist., Div. 1 Feb. 22, 2018) (unpublished), plaintiff wanted to obtain the bid of
City Won Less Than 4% Of Pled Damages Against Guarantor And Only 22% Of Past Due Amounts Claimed At Trial, Garnering $100,152 In Fees Under Guaranty Fees Clause. City of Dinuba v. Thusu, Case No. F073781 (5th Dist. Feb. 20, 2018) (unpublished) demonstrates how deferential the “prevailing party” status determination can be under Civil
Trial Judge, Rather Than Appellate Court, In Best Position To Determine Upon Full Record. In Save LaFayette v. City of LaFayette, Case No. A149342 (1st Dist., Div. 4 Feb. 21, 2018) (published), the appellate court reversed a denial of appellants’ mandate petition requesting the City to submit their referendum to a public vote. In
