Litigant Basically Elected Its Remedies. Havasu Lakeshore Investments, LLC v. Fleming, Case No. G051963 (4th Dist., Div. 3 Sept. 14, 2016) (unpublished) is a case where a litigant prevailed solely on a jury submitted tort constructive fraud claim, obtaining both compensatory and punitive damages on the fraud count. Then, that litigant tried to […]
Substantial Justification Issue By Government Left To Resolve On Remand. The Ninth Circuit, in Wood v. Burwell, No. 14-15356 (9th Cir. Sept. 14, 2016) (published) reversed and remanded a district judge’s denial of attorney’s fees to a prevailing class plaintiff under the Equal Access to Justice Act (EAJA). Plaintiff represented class members who
Disagreed With Hayward To The Extent Prevailing Real Parties Could Not Obtain Reimbursement Of A/R Preparation Expenses As Routine Costs In Mandate Dispute. CEQA petitioners lost the merits of a CEQA petition brought against the City of Ceres and real parties Wal-Mart (two Wal-Mart affiliates). City had incurred costs of $48,889.77 to prepare
Reason Was Lower Judge Previously Had Denied Needs Based Fees For Other Post-Appeal Work Such That No Different Analysis Would Apply To Appellate Fees Issue. Marriage of Elizabeth and Gregory G., Case No. B259276 (2d Dist., Div. 7 Sept. 12, 2016) (unpublished) was a situation where a lower court erroneously determined that a
Article Is In September 2016 Edition. In the September 2016 edition of The Orange County Lawyer, Joshua G. Simon has authored an article entitled “Minding the Statutory Offer to Compromise: A Review of Basic Mechanics, Recent Developments, and Common Misconceptions.” Here is a summary of some highlights we picked up from Mr. Simon’s
You Agree To Arbitrate, You Take What The Arbitrator Gives You. Tenant winning an arbitration against landlord under a commercial lease, containing arbitration and attorney’s fees clauses, was miffed when the arbitrator also determined that each party was to bear its own costs and fees. Tenant appealed in Setareh v. Bierer, Case No.
Award Of $23,800 Out Of Requested $185,897 Was An Abuse Of Discretion Under The Circumstances. Lots of practitioners may assume that the amount of a fee award is impervious to appellate attack under the abuse of discretion standards. This next case may temper that impulsive reaction: the circumstances may well dictate otherwise.
Unique Procedural Posture Of The Case Drove The End Result. Under our heading “Mediation,” we have posted on numerous cases which hold that parties must strictly comply with a mediation condition precedent under a real estate purchase agreement in order to be qualified for an attorney’s fees award in subsequent litigation/arbitration proceedings. (See,
Inhabitability Suit Indeed Was “On The Contract” For 1717 Purposes. SUMMER AMUSEMENT. BUG HUNTING. 1782. Isaac Cruikshank, artist. Library of Congress. Plaintiffs/tenants sued landlord after having to vacate an apartment because of a bedbug infestation. They won a jury verdict, and then moved to recoup $326,475 in attorney’s fees under Civil Code
However, Vallejo Likely Owes Statutory Indemnification Duties To Officers For Both Awards. The Ninth Circuit in Deocampo v. Potts, No. 14-16192 (9th Cir. Sept. 8, 2016) (published) confronted an issue under a Chapter 9 municipality bankruptcy plan, harkening to say that more of these issues may be confronted as local governments face economic
