Appeal By Attorney’s Client Did Not Get It Done. In K.J. v. Los Angeles Unified School District, Case No. B269864 (2d Dist., Div. 3 Feb. 23, 2017) (unpublished), a minor’s attorney was ordered to pay attorney’s fees and costs to LAUSD as a discovery sanctions. Minor appealed from the sanctions order. The […]
Code of Civil Procedure Section 1030 Was Involved. Tieni v. Biasiolo, Case No. B267697 (2d Dist., Div. 8 Feb. 22, 2017) (unpublished) concerned Code of Civil Procedure section 1030, which requires non-resident plaintiffs to post an undertaking for reasonable attorney’s fees to ensure collectability of those fees in the event defendant prevails
Education Code Section 44944(f)(2) Was At Issue. In Walent v. Commission on Prof. Competence of the LAUSD, Case No. B266265 (2d Dist., Div. 7 Feb. 21, 2017) (unpublished), petitioner successfully challenged her dismissal from employment from the L.A. Unified School District. Education Code section 44944(f)(2) allowed her to seek “reasonable attorney’s fees incurred by
Fee Request Can Be Renewed If Someone Prevails, With Appellate Court Distinguishing Or Criticizing Other Decisions Suggesting Otherwise. In Chan v. Delta Dental of California, Case No. A139739 (1st Dist., Div. 4 Feb. 17, 2017) (unpublished), Plaintiff successfully thwarted a defense motion to compel arbitration and then moved to recover her fees for success,
Failure To Mention Subsequent Costs Award In Notice To Appeal Was Fatal. For appellate practitioners, it is clear that notices to appeal are liberally construed. But that only goes so far, as Yashouafar v. Van Nuys Plywood, LLC, Case No. B266901 (2d Dist., Div. 5 Feb. 15, 2017) (unpublished), demonstrates. In this
Fifth District Agrees With East West Bank Interpretation Of The Issue. Glass Windows. Carol M. Highsmith, photograph. May 12, 2015. St. Matthew’s Episcopal Church in Wheeling, West Virginia. Library of Congress. In Atascadero Glass v. David A. Bush, Inc., Case No. F071426 (5th Dist. Feb. 14, 2017) (unpublished), the Fifth District
Unlimited Civil Default Rules Applied Such That $31,365 Fee Recovery Allowable Under Case Producing About $6,000 Compensatory Unpaid Wage/Penalty Award. Beck v. Stratton, Case No. B270826 (2d Dist., Div. 4 Feb. 14, 2017) (unpublished) is a situation where the Labor Commissioner awarded an ex-employee about $6,000 in unpaid wages and penalties against his former
Split On Issue, But Sixth District Says Brandt Appellate Fees Are Recoverable. After an insured won an insurance dispute on appeal, the insured requested attorney’s fees under Brandt v. Superior Court, 37 Cal.3d 18 (1985) in the recent unpublished decision of Olsen v. The Standard Fire Ins. Co., Case Nos. H042154/H042260 (6th Dist.
Needs Based Award Was Less Than 30% Of Wife’s Fee Request Under Section 2030. In Marriage of Schleich, Case Nos. H039870/H041234 (6th Dist. Feb. 8, 2017) (published), ex-husband suffered two adverse awards which were favorable to his ex-wife: (1) a needs-based fee award under Family Code section 2030 to the tune of $412,485
Case Concerns Trial Court Authority To Award Fees/Costs To Appointed Attorneys For Proposed Conservatees. This next case, Conservatorship v. Hilton, Case No. B267076 (2d Dist., Div. 2 Feb. 7, 2017) (unpublished), likely is of interest to probate/conservatorship attorneys. The Los Angeles County Superior court has a program to appoint experienced probate attorneys
