Only $1,500 Awarded Due To Lack Of Detail. I think we can say with confidence that Achterkirchen v. Montiel, Case No. A147386 (1st Dist., Div. 2 Mar. 28, 2017) (unpublished) demonstrates what a fee claimant should not do as far as submitting substantiation for a fee petition. There, the requesting party sought an […]
Bad Litigation Tactics Alone Will Not Support 2030/2032 Award. Although the $5,000 fee award to husband may seem paltry based on the needs-based anchors of Family Code section 2030/2032, it was reversed in Marriage of Overstreet, Case No. B271522 (2d Dist., Div. 1 Mar. 28, 2017) (unpublished). The reason is that the family
Did Not Matter That Plaintiff Nixed Earlier Settlement Offer. In Ruiz v. U.S. Security Associates, Inc., Case No. B275201 (2d Dist., Div. 1 Mar. 28, 2017) (unpublished), a FEHA plaintiff accepted a CCP § 998 offer, reserving fee recovery to the trial judge. Plaintiff obtained a $ 481,100 fee recovery even though requesting
However, No Basis To Award Fee Recovery Against Litigants Personally, Versus Against Their Trustee Shares. On January 19, 2017, we posted on Pizarro v. Reynoso, Case No. C077594 (3d Dist. Mar. 28, 2017) (published), where a trustee was found reliable and won some attorney’s fees in probate battles against other family members. This
4/3 DCA Weighs In—Going With Ziello On The Issue, But Inviting Legislative Reform. Quiles v. Parent, Case No. G054353 (4th Dist., Div. 3 Mar. 27, 2017) (published), a by-the-court decision through a panel consisting of Presiding Justice O'Leary, Justice Fybel, and Justice Ikola, considered this question: Does a litigant need to bond
HOA Disputes Can Be Costly, Especially With Fee Shifting! Aspen trees. 2015. Carol M. Highsmith, photographer. Library of Congress. We have explained that HOA – homeowner disputes can be costly. Especially where one party prevails, in this case the homeowner. In Lingenbrink v. Del Rayo Estates Homeowners Assn., Case No. D070966 (4th Dist., Div.
Deferential Standard Of Review Not Hurdled In This One. In Zauner v. Defterios, Case No. B271922 (2d Dist., Div. 6 Mar. 21, 2017) (unpublished), appellant sought needs-based fees in a child custody modification proceeding. She requested $77,067.50 in fees and $17,459.77 in costs, but was only awarded $10,000 in fees and $5,000 in costs.
No California Case Directly On Point, But Two Out-Of-State Cases Suggest “No.” Can a guarantor of a client’s fee obligation to client’s attorney sue the attorney for malpractice if the client does not somehow participate or intervene? Although there is no California case on the subject to our knowledge, two out-of-state decisions suggest
Legal Research And In-House E-Discovery Costs Hard To Recoup From Clients. Mattern & Associates LLC has released its 2016 costs recovery survey in the attorney-client arena. It shows that 75% of surveyed firms reported that clients will largely refuse to pay for legal research time, with only 25 cents on the dollar being
Plaintiff Sued On An Oral Agreement Which Was Not Within The Scope Of Stock Purchase Agreement Fee Clause Relied On By The Defense. Fee entitlement is a basic issue, often tethered to whether a fees clause in a written contract covers the claims at issue in a complaint or cross-complaint. If it
