Dissenting Circuit Judge Would Have Affirmed Based On Waiver. On April 23, 2017, we posted on the U.S. Supreme Court’s decision in Goodyear Tire & Rubber Co. v. Haeger, 137 S. Ct. 1178 (2017), which found that a $2.7 million “inherent power of the court” sanctions award needed a restudy based […]
Basic Lesson Is That Request Can Be Made After Merits Determination, With No Pre-Merits “Notice Alert” To Arbitrator Being Necessary. Heimlich v. Shivji, Case No. H042641 (6th Dist. May 31, 2017) (published) is a significant appellate decision specifying how a litigant in an arbitration proceeding preserves the ability to obtain recovery
Merely Pleading Fee Recovery Does Not Create An Estoppel If No Entitlement Lies. Two Boots Pizza. Downtown LA. Carol M. Highsmith, photographer. 2012. Library of Congress. Defendant won a dispute over an agreement to sell certain Papa Johns’ pizza restaurant locations, and then attempted to recoup attorney’s fees as a prevailing party based on
DisputeSuite Recent California Supreme Court Decision Supported The Result. In Ahern v. Asset Management Consultants, Inc., Case No. B271851 (2d Dist., Div. 7 May 22, 2017) (unpublished), parties successfully challenging an adverse result on the basis it was not arbitrable later sought $465,000 in attorney’s fees even though the merits dispute was
Judge’s Familiarity With The Work Sealed The Deal. In Estate of Redlich, Case No. D069436 (4th Dist., Div. 1 May 22, 2017) (unpublished), a probate judge awarded “extraordinary fees” for attorney trust work, with the losing party claiming that this was error because the judge did not allow an evidentiary hearing.
HOA Argued For More General Prevailing Party CC&R Status—Did Not Get It. Thompson v. Lakewood Hills Homeowners’ Assn., Case Nos. A144674/A146081 (1st Dist., Div. 5 May 19, 2017) (unpublished) highlights how the basis for fee entitlement can drive the result in a case. In a word, HOA was awarded fees/costs by
Plaintiff Sought Over $620,000—Deemed Too Exorbitant. Although we know that generally FEHA fees are mandatory to a prevailing party, the rub is always on the amount of fees to be awarded. In Jain v. RJHT Compuquest, Inc., Case No. B271935 (2d Dist., Div. 4 May 19, 2017) (unpublished), a FEHA plaintiff settling
$30,308 Fee Award Affirmed On Appeal, Less Than Ex-Wife’s Request For $80,000. In Marriage of Minkin, Case No. G052947 (4th Dist., Div. 3 May 19, 2017 published; prior unpublished decision under date of April 24, 2017), the family law judge awarded $30,308 to ex-wife out of requested $80,000 in fees to
Typo In 998 Offer Not Material; Pecuniary Interest Disqualified Attorney From Fees. On April 27, 2017, we posted on Gillotti v. Stewart, a then unpublished Third District decision which found immaterial typo in a CCP § 998 offer and also disqualified fees for an attorney with a pecuniary interest in the
Re-Do Was The Result In This One. In Seltzer v. R.W. Selby & Company, Inc., Case No. B270168 (2d Dist., Div. 2 May 3, 2017) (unpublished), a trial judge in a class action case awarded $29,409 in attorney’s fees to class counsel under the private attorney general statute based on the
