Tribe Brought Case, So That Distinguished Immunity Given In Other Circumstances. California Valley Miwok Tribe v. California Gambling Control Commission, Case No. D068909 (4th Dist., Div. 1 June 16, 2016) (unpublished) involved an Indian tribe which suffered an adverse routine costs ruling against it and in favor of the Commission in a case […]
Does A Court Stay On Litigation Get Lifted When A Party Is Unable To Pay Ongoing Costs Of An Arbitration? On June 15, 2016, Co-contributor Marc posted in the California Mediation and Arbitration blog about Tillman v. Rheingold Firm, No. 13-56624 (9th Cir. 6/15/16), a Ninth Circuit Case addressing what happens to a district
Appeal Was Timely, Given That Judgment Appeal Swept In Later Order Fixing Fees. In Ducoing Enterprises, Inc. v. Patriot Paving, Inc., Case No. G051582 (4th Dist., Div. 3 June 15, 2016) (unpublished), a 3-0 decision authored by Justice Fybel, contractor won a $39,335 compensatory award against property owner in a complaint and a
17 U.S.C. § 505 Was At Issue—Objective Reasonableness Plus Other Factors Should Be Weighed. Justice Kagan, for a unanimous U.S. Supreme Court, clarified the factors to be weighed for purposes of discretionarily awarding attorney’s fees to a prevailing party under 17 U.S.C. § 505, the Copyright Act’s fee-shifting statute. In Kirtsaeng dba
Defense Lost Two 128.7 Prior Sanctions Requests, But Got It On The Third Try, Doing Some Nice Things As Far As Amount Requested. Dzhanikyan v. Liberty Mutual Ins. Co., Case No. B261113 (2d Dist., Div. 8 June 15, 2016) (unpublished) is a nice illustration of how good defense thinking and tenacity can produce
Bank Wanted To Obtain Custodial Deposit Account Priority On Injunctive Claim, But Did Not Achieve Main Objective By Losing Lien Priority Issue. Courts will focus on who pragmatically “won” as far as determining the prevailing party under Civil Code section 1717. The next case well illustrates this principle. In Wells Fargo Bank,
Nothing in Davis-Stirling Act or CC&Rs Indicated It Applied To Remote Third Parties. In Multani v. APB Properties, Case Nos. B260610/B265172 (2d Dist., Div. 7 June 13, 2016) (unpublished), plaintiff HOA were embroiled in a protracted battle against the HOA and successor property owners of the condominiums regarding the propriety of an assessment
Conduct Arising Out Of Contractual Relationship, Not Protected Activities, Involved. In CBRE, Inc. v. Mission Viejo Gateway, Inc., Case No. B255934 (2d Dist., Div. 7 June 13, 2016) (unpublished), CBRE sued a defendant in a commercial property dispute to recover a lost commission and litigation expenses based on contractual/equitable indemnity principles, seeking to
Flexibility, Not Rigid Tests, Is The Guiding Rule. Flexibility. Contortionist in tuxedo jacket, top hat, and tights performing surrounded by other performing contortionists. c1892. Library of Congress. In the dual cases of Octane Fitness/Highmark, the U.S. Supreme Court adopted a very flexible “under the circumstances” test for awarding attorney’s fees under a
Case Involved Shakira’s Song “Loca Con Su Tiguere”; Sony Had Asked For $688,000 In Fees. This case involved some real twists. After provisionally finding copyright infringement liability in plaintiff’s favor with respect to Shakira’s song “Loca Con Su Tiguere,” U.S. District Judge Alvin K. Hellerstein (S.D.N.Y.) held an evidentiary hearing and found that
