Part 1 of 2—2016 Was A Prolific Year For Fees/Costs Decisions. As we have done in past years, wishing all readers the happiest of Holidays, we now present our top 30 published decisions from California appellate courts, the United States Supreme Court (SCOTUS), and the Ninth Circuit for the 2016 year. For past […]
2/5 DCA Believes Lack Of RT Can Be Fatal In Many Fee Situations. For both litigators and appellate practitioners, Patel v. Clocktower Inn, Inc., Case No. B266410 (2d Dist., Div. 5 Dec. 22, 2016) (unpublished) is a good warning sign that many California intermediate appellate panels, especially the 2/5 DCA, may find that the
When It Comes To Collecting Fees Under Civil Code Section 1717, A Prevailing Plaintiff Who Sues On A Contract Is Not The Same As A Prevailing Plaintiff Who Shows A Contract Does Not Exist. Glovia International, Inc. v. Actuant Corporation, et al., B267175 (2/5 12/22/16) (Kumar, Turner, Kriegler) (unpublished) reinforces a theme oft
$10,245 Expert Fee Costs Award To One Defendant Reversed, With Appellate Court Noting Split In Intermediate Appellate Thinking But Following Persson and Kahn Over Winston Square Reasoning. Ebert v. Press, Case No. D069615 (4th Dist., Div. 1 Dec. 21, 2016) (unpublished) is a situation where two defendants put forward a joint and several
This Component Was Not Tethered To Fees And Costs, So Not Recoverable. We predict that Marriage of Sagonowky and Kekoa, Case Nos. 142866/A143234 (1st Dist., Div. 5 Dec. 21, 2016) (partially published; sanctions award discussion published) is going to generate quite a stir in the family law sanctions arena and might be a
Further Judicial Action Required And No Payment Of Money Directed, So Collateral Order Doctrine Did Not Apply. In Stahl Law Firm v. Apex Medical Technologies, Case No. D068929 (4th Dist., Div. 1 Dec. 19, 2016) (unpublished), a trial court entered an order finding ex-clients to be the prevailing party in a dispute against
Potato in three forms. Ann Rosener, photographer. Feb. 1943. Library of Congress. Will Idaho Losers Spudder With Fear? Our friend, appellate specialist Ben Shatz at Manatt, informs us: Betsy Z. Russell of The Spokesman-Review of Spokane, Washington has an article that begins, "The Idaho Supreme Court has launched the state’s entire court system
Court Of Appeal Found Instructive The Reasoning In Mojtahedi Decision. In this next case we post on, predecessor, discharged counsel was found to have sued the wrong party—successor counsel, rather than properly suing client to establish the validity and amount of an attorney’s lien in a retainer agreement under a “reasonable value of
One More “Hot Button Issue” For The Courts . . . Co-contributor Marc Alexander, who publishes the blog California Mediation and Arbitration, explains in the latest volume of California Litigation, that arbitration has become one more "hot button issue" for the U.S. Supreme Court Justices to disagree about. The article is republished here with
Court Reporter Costs Were Fine And 998 Offer Was Reasonable, With Losing Plaintiff Failing To Show Abuse Of Discretion In Costs Imposition Award. Seafood vendors, Washington, D.C. Carol M. Highsmith, photographer. 2010. Library of Congress. In Anderson v. Seafood City, Case No. B263925 (2d Dist., Div. 1 Dec. 13, 2016) (unpublished), plaintiff
