Single Probate Asset Cannot Be "Double Dipped" In Single-Asset LLC Context. Bock v. Superior Court, Case No. B267174 (2d Dist., Div. 2 Mar. 6, 2017) (unpublished) is a case which involves ordinary compensation for probate attorneys representing personal representatives of a probate estate under Probate Code section 10810–calculated on a sliding scale based on the […]
Deals With Attorney’s Fees Awardable, Depending On Civil Court Jurisdiction, Under Labor Code Section 98.2(a). On February 16, 2017, we posted on the Second District’s decision in Beck v. Stratton, which dealt with a $31,365 Labor Code section 98.2(a) attorney’s fees award to employee in a Labor Commissioner case were the unpaid wage/penalties
Bank Had Requested To Recoup $1.3 Million In Fees. Plaintiff in pro per attorney sued a well-known bank for breach of contract in connection with servicing his home mortgage. Bank obtained a summary judgment on some claims and lost a remaining claim at trial after more than 11 years of litigation. The trial
Plaintiff Also Hit With Some Costs, But Some Non-Statutory And Discretionary Costs Were Stricken. Plaintiff borrowers brought a multi-count contractual/tort/statutory claim-based suit against construction loan participants, ultimately attempting to dismiss the action without prejudice during trial. The trial judge determined the dismissal was not authorized and set it aside as void, further granting
Also, Offer Was Valid For Proposing Dismissal Of Plaintiff’s Action With Prejudice. In Mauzey v. Morschauser, Case Nos. D070681/D070683 (4th Dist., Div. 1 Mar. 3, 2017) (unpublished), a trial judge found a CCP § 998 offer invalid because it was not signed or authorized by offeree’s counsel (apparently counsel’s secretary had signed) and
Appellate Court Felt Denial Of Compensation To Successful Appellate Counsel Was Not Fair, But Opinion Has Further Far-Reaching Consequences As Far As What Type of Fee Substantiation Suffices. The abuse of discretion standard on fees award is difficult to surmount. However, it may not be such a tremendous hurdle if the rights facts
Trial Court Denial on Bad Faith Basis Sustained Against Brother, Even Though Reasonable Cause Element Was Met. Koppl v. Zimmerman, Case No. A146743 (1st Dist., Div. 1 Feb. 27, 2017) (unpublished) is a good illustration that in order to recover expenses from a beneficiary, a trustee has to prove both that a beneficiary in
Panoply Of Issues Faced In This Decision. In Lemaire v. Covenant Care California, LLC, Case No. B266493 (2d Dist., Div. 6 Feb. 27, 2017) (unpublished), plaintiff filed a complaint based on wrongful death, elder abuse, and “patients’ rights” violations under Health and Safety Code section 1430(b) for treatment of her mother in a
Facts Were Interesting, But Fee Award Was Not Shocking In Nature. Landlord (Mr. Timothy Rack Rent) telling tenant leasehold (a country attorney) that rent is being raised. Circa 1750-1795. John Spilsbury, engraver. Library of Congress. We will have to say that after blogging for close to nine years, the attorney’s
Issue Was Whether Attorney’s Fees Were Costs Under CCP § 2033.300. The trial court in Rhule v. WaveFront Technology, Inc., Case No. B267359 (2d Dist., Div. 5 Feb. 23, 2017) (published) permitted plaintiff to withdraw admissions he mistakenly made to two defense requests for admissions, especially since the withdrawal was done after plaintiff
