Section Allows Fee Recovery Against Either Losing Employee or Employer. Labor Code section 98.2(c) is a two-way fee-shifting fee provision which mandates a lower court to award fees against either an employer or employee bringing an unsuccessful appeal from a Labor Commissioner ruling. The legislative purpose of this section is to discourage meritless […]
No Abuse Of Discretion In Deciding That Fees Paid To Discharged Interpleader Parties Did Not Have To Be Reimbursed By Other Non-Neutral Party. Lender Currency makes high interest loans to songwriters obtaining royalty streams, while Wertheim, LLC obtains assignments of royalty rights and causes of action against Currency from the songwriters in return
Plaintiffs Failed To Satisfy Financial Burdens Elements of CCP § 1021 Analysis. Plaintiffs successfully challenged a State Water Resources Control Board cease and desist order (CDO) in a water diversion case, which resulted in an affirmance in favor of plaintiffs in a prior published decision. Based on that result, plaintiffs moved to recover
Wife’s Appeal Of Fee Denial Was Untimely. Wife was flummoxed by a lower court’s refusal to award her attorney’s fees, appealing from the denial in Bennett v. Foss, Case Nos. A145656/147009 (1st Dist., Div. 1 Sept. 28, 2016) (unpublished). Unfortunately for her, the appellate court determined that she untimely appealed such that it
Requested Discovery Was Relevant To Discovery On Punitive Damages Financial Condition Where Trial Court Allowed Civil Code Section 3295 Discovery. In Johnson v. Superior Court (Parker), Case No. C070028 (3d Dist. Sept. 28, 2016) (unpublished), the Third District denied the defendants’ mandate petition to prevent discovery of the amount and source of attorney’s
Plus, Sublease Fee Clause Failing To Incorporate Master Lease Broader Fee Provisions Also Required Denial Of Fee Request. In Sancarrow Associates v. Hermanson, Case No. G051276 (4th Dist., Div. 3 Sept. 26, 2016) (unpublished), landlord voluntarily dismissed a contractually-oriented unlawful detainer complaint against sublessees, which prompted them to move to recovery contractual attorney’s
Parties Can Indeed Negotiate Other Costs Besides Routine Costs As Being Recoverable In Their Contractual Agreements. Porto Ramos-Pinto poster. René Vincent. ca 1925. In Bel Vino, LLC v. Stuart, Case No. D069902 (4th Dist., Div. 1 Sept. 26, 2016) (unpublished), sellers of a winery (Stuart Cellars) in Temecula prevailed in a misrepresentation/contract
Ex-Husband’s Failure To Allocate And Use Of Block Billing Resulted In Real Problems At Trial And Ultimate Denial Of Any Fees Incurred By Husband. Adding prize winner. Washington D.C. “In a speed and accuracy contest for adding machine operators last night, William A. Offutt of the Washington Loan and Trust Company, was declared winner
Appellate Court Did Not Entertain New Arguments For Reductions Made On Appeal. In the attorney’s fees area, you usually do not want to be in a position to solely challenge the amount of fees given a deferential abuse of discretion standard on appeal. That is where appellant went in Hammond v. Promenade Imports
Prelitigation Destruction of Evidence May Have Pushed Case Over For Fee Recovery. U.S. District Judge Larry R. Hicks (D. Nev.) recently awarded Oracle USA Inc. $46.2 million in costs and attorney’s fees under a copyright fee-shifting statute in a case where Oracle won a $50 million jury verdict against Rimini Street Inc. He
