Tenant’s Probability Theory Did Not Do Well At Either Trial Or Appellate Levels. Ida B. Wells Housing Project. Meeting of the tenants. Chicago, Illinois. April 1942. Jack Delano, photographer. Library of Congress. In Doll v. Ghaffari, Case No. B272384 (2d Dist., Div. 4 Oct. 25, 2017) (unpublished), tenant did prevail against landlord on certain […]
Lack of Proof/Causation, And Some Crazy Assertions, Cemented Appellate Court’s Agreement With Trial Court’s Ruling. Secretary of Agriculture Henry Wallace practices his favorite hobby, boomerang throwing. July 13, 1939. Library of Congress. Baker v. Charles R. Drew University of Medicine and Science, Case No. B270973 (2d Dist., Div. 2 Oct. 25, 2017) (unpublished)
Ruling On Voluntary Mediation Costs Show It Is Likely A Discretionary Issue For Trial Judge. Co-contributor Mike litigated a case in Stockton County Superior Court before Judge Elizabeth Humphreys in which the defense prevailed, filing a memorandum of costs for certain expenses. We now describe how she ruled on certain issues to demonstrate how
No One Won Really Won In Collateral Attack Proceeding. Duelling with wax bullets. October 28, 1909. Library of Congress. Dougherty v. David S. Karton, A Law Corporation, Case No. B275504 (2d Dist., Div. 8 Oct. 11, 2017) (unpublished) may demonstrate the reality that “enough, is enough” when parties duel it out over lots of
$63,945 Fee Request Rebuffed By Both Trial and Appellate Courts. In Bonome v. City of Riverside, Case No. E065880 (4th Dist., Div. 2 Oct. 11, 2017) (unpublished), plaintiff—a Riverside Police Officer—won a writ of mandate proceeding agreeing he was entitled to a good cause hearing to determine if he was honorably retired and entitled
However, Fee Multiplier Not Allowed Under Section 996.4 And Plaintiffs Did Well To Cross-Appeal Given That Costs To Prosecute 996.4 Recovery Not Allowable Under 996.4, But Was Allowable Under CCP § 1021.5. This next case counsels that a protective cross-appeal can be a true salvation. It was for the successful plaintiffs in Hosac v.
Individual Did Not Demonstrate Any Systematic Police Department Violation. In Barry v. The Los Angeles County Sheriff’s Dept., Case No. B275359 (2d Dist., Div. 5 Oct. 10, 2017) (unpublished), plaintiff prevailed narrowly on a writ of mandate requiring a remediation of his rap sheet under certain Penal Code provisions. The trial judge refused to
Defense Smartly Stipulated To Reduce Fee Request By $10,000 During The Course Of Events. Shalant v. Mackston, Case No. B271189 (2d Dist., Div. 8 Oct. 10, 2017) (unpublished) is a case where a trial judge granted the defense appellate fees of $96,420 for defending a SLAPP victory. The decision is worth posting on because
Swing In This One Was Around $500,000. Swing. Theodor Horydczak, photographer. 1937. Library of Congress. We have many times commented on the discretion given to arbitrators to decide the merits of disputes, including fees and costs awards. Dyna, LLC v. GreatCall, Inc., Case No. D071003 (4th Dist., Div. 1 Oct. 10, 2017) (unpublished) is
This Is The Third Time California Was So Ranked Since 2012. According to an Editorial in the October 8, 2017 edition of The Orange County Register, California ranked 47th out of the 50 states in terms of overall fairness and reasonableness of its liability system based on a survey by the U.S. Chamber Institute
