Range Is $6,000 For Non-Complex Appeal To $8,000 For General Processing Costs Of Appeal Leading To An Opinion. Above: “Print shows a lawyer taking papers that state ‘Fake Lawsuit for Damages’ from a bag labeled ‘A Shyster’ in a courtroom; as he turns toward the bench, he sees the judge point to a […]
L.A. Municipal Code And Statutory Inhabitability Breach Fee-Shifting Statute Were The Bases. Above: Library of Congress. Snodgrass common household roaches. Public domain. In Vaughn v. Darwish, Case No. B252762 (2d Dist., Div. 2 July 6, 2016) (unpublished), tenants won a harassment case against landlord, among other things involving the
No Fee Entitlement Under CCP § 1032(b) Or CC § 1717, And Trial Court Did Not Abuse Its Discretion In Determining Defendant Did Not Prevail Under Rental Lease Clause Or Civil Harassment Discretionary Fee-Shifting Statute. Plaintiff landlord and defendant tenant obviously got at odds with each other, prompting landlord to initiate both an
DOT Fee Provision Was Specific, Not Allowing For Fee Recovery Under The Circumstances. The next case should be of interest to real estate secured lender attorneys, counseling on what they may need to do in certain payoff/junior lienholder foreclosure situations. It also may counsel some changes to the standard deed of trust instruments
Income Tax Debtor Lost Federal Court Action, So Dismissal In State Court Was Justified And State Proceeding Was Unreasonable As A Matter of Law. In Franceschi v. Franchise Tax Bd., Case No. B267719 (2d Dist., Div. 2 July 8, 2016) (published), a plaintiff—who was on the Franchise Tax Board’s published list of “Top
Eric S. Blum And David J. Hesseltine Provide Some Tips On What Fee Arbitrators Focus On In Mandatory Fee Arbitrations. Under the Mandatory Fee Arbitration Act (Bus. & Prof. Code, § 6200 et seq.), attorneys and clients must first arbitrate a fee dispute through a local county bar’s fee arbitration process unless that
Merits Cannot Be Reviewed, But Prevailing Counterclaimant Did Not Allocate—A Mistake! We will say that Editions Limited West, Inc. v. Somerset Studios, Inc., Case No. A145320 (1st Dist., Div. 3 July 7, 2016) (unpublished) is another decision where an appellate court would not revisit the merits of an arbitrator’s refusal to grant fees
All Of The Consumer Statutes Required Bad Faith, Found Not To Exist And Affirmed Under Appellate Abuse Of Discretion Standard. Above: chiropractic adjustment of horse. Wikpedia. Photographer: Dr. Dennis Eschbach. Wikipedia Creative Commons License. In Libman v. Bondarev Chiropractic, Inc., Case No. B259498 (2d Dist., Div. 2 July 7, 2016) (unpublished), personal
Plaintiff Did Request $526,034.50 Base Fees Plus $60.060 “Fees On Fees.” The trial judge, after allowing supplemental briefing and carefully weighing lots of fee substantiation, decided to award a winning overtime wage hour plaintiff, who recovered a little short of $90,000 in compensatory damages, attorney’s fees of $212,958.50. However, plaintiff appealed because her
Fee Entitlement Was Justified Under CCP § 685.070(a). After obtaining a judgment to enforce an arbitration award, judgment creditors must have been miffed when the trial court denied requests for post-judgment enforcement fee recovery. The lower court decided that the lack of an express provision allowing for post-judgment fee recovery was dispositive.
