Author name: Marc Alexander

Appealability/Sanctions: Client’s Appeal Of Sanctions Only Against Her Attorneys Did Not Confer Appellate Jurisdiction To Review Sanctions Award

Cases: Appealability, Cases: Sanctions

Different Result Had Sanctions Been Imposed On Both Client And Attorney               The probate court in In re Patrice Libaw Trust, Case No. B271815 (2d Dist., Div. 1 Aug. 3, 2017) (unpublished) awarded CCP § 128.7 sanctions against only a probate litigant’s attorneys, not the probate litigant (although sanctions were requested against both).  Litigant […]

Family Law: Wife’s “Self Help” Withdrawal Of $7.1 Million From Joint Bank Accounts Justified Family Code Section 271 Sanctions Of $50,000

Cases: Family Law

Wife Was Provided Adequate Notice Of Sanctions Request, Even Though Section 271 Provides No Specificity On Type/Timing Of Notice                 This post on Youssefyeh v. Melamed, Case No. B269371 (2d Dist., Div. 3 July 27, 2017) (unpublished) falls in the category that “you cannot make this stuff up.”                 Here, wife used “self help” by

Arbitration: Defendant Client Could Not Raise Right To Arbitrate Through A Motion For Judgment On The Pleadings

Uncategorized

$58,000 Summary Adjudication For Unpaid Legal Fees Sustained On Appeal.             An in pro per former client, as a defendant, represented himself in former law firm’s action to recover from him $58,000 in unpaid legal fees.  Although there was an arbitration clause in the fee retainer agreement, defendant answered (never listing arbitration as a defense)

Appealabiity: Plaintiff Improperly Appealed Minute Order Taking Matter Under Submission On Motion To Tax Costs

Cases: Appealability

Failure To Resolve Cost Issue Completely Meant No Appellate Jurisdiction.             Plaintiff in Ybay v. RSUI Group, Inc., Case No. B265265 (2d Dist., Div. 3 Aug. 2, 2017) (unpublished) filed an appeal from a minute order taking under submission plaintiff’s motion to tax costs.  The appellate court found it lacked jurisdiction to consider plaintiff’s arguments

Tort Of Another: Does It Apply To Third-Party Litigation Involving Contracts Rather Than Torts?

Cases: Tort of Another

Fifth District Concludes It Does, Sustaining A Supporting Superior Court Appellate Division Decision In The Cause Before It.              Although the facts were very convoluted, the Fifth District did confront the legal issue of whether the “tort of another” doctrine applies to contractual cases in State Center Community College Dist. v. American Property Holdings, LLC,

Fee Clause Interpretation: California Supreme Court Decides That Parties’ Assertion Of An Affirmative Defense Is Not An “Action” Or “Proceeding”

Cases: Fee Clause Interpretation

However, Majority Still Allows Fee Recovery Based On Interrelatedness Of Two Agreements In Overall Action, Although Dissent Finds This Result Unwarranted.             Today, the California Supreme Court came out with an important fee decision in the form of Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, Case No. S223536 (Cal. Supreme Court July 31, 2017)

Civil Rights/Costs/Section 998: Plaintiff Failing To Beat 998 Offer In FEHA/POBRA Case Was Liable For $90,387.28 In Costs

Cases: Civil Rights, Cases: Costs, Cases: Section 998

Policies Of Both FEHA Cost Shifting And 998 Cost Shifting To Be Considered By Trial Courts, But 998 Resolution Policies Prevailed In This One.             Sviridov v. City of San Diego, Case No. D069785 (4th Dist., Div. 1 July 28, 2017) (unpublished) is an interesting case where a terminated police officer failed to beat several

Costs: Real Party In Interest, City of Kingsburg, In CEQA Case Entitled To Costs Of Administrative Record Preparation

Cases: Costs

Two Cities Involved In A/R Preparation Costs Recoupment Battle "Near Kingsburg, small independent gas stations litter the highway."  Dorothea Lange, photographer.  May, 1939.  Library of Congress.              In City of Selma v. Fresno County Local Agency Formation Comm’n (City of Kingsburg), Case No. F072712 (5th Dist. July 25, 2017) (unpublished), City of Kingsburg—the real party in

Appealability: District Judge’s Denial Of Defense Fee Request Without Prejudice Was Not Appealable Because Judge Was Awaiting On Appellate Results

Cases: Appealability

Lack of Jurisdiction To Entertain Fee Cross-Appeal Because No Final Resolution.             In Reed v. Lieurance, Case Nos. 15-350181/15-35179 (9th Cir. July 24, 2017) (published), the panel reversed a civil rights § 1983 summary judgment and dismissals in favor of defendants.  Earlier, the trial judge had refused to award defendants’ motion for attorney’s fees—denying it

In The News . . . . Volkswagen 3.0-Liter Excess Emissions Class Action Garners Class Counsel $121 Million In Fees And $4 Million In Costs

In The News

Combined Fees/Costs In 2.0 And 3.0 Liter Class Actions Total $300 Million.             On Friday, July 21, 2017, U.S. District Judge Charles R. Breyer of the N.D. of California federal district court approved an award of attorney’s fee and expenses to class counsel as part of the Volkswagen 3.0-liter excess emissions class action settlement.  The

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