4/1 DCA Follows Tourgeman Decision Rather Than Coltrain On The Issue. Egley v. Sparks, Case No. D067648 (4th Dist., Div. 1 May 19, 2016) (unpublished) reversed a lower court’s grant of $17,000.50 in mandatory fees to a winning defendant in a case after plaintiff voluntarily dismissed but before the defense SLAPP motion could […]
Laughing Matter? – Fee Award Remanded For Further Factual Determinations Regarding Frivolousness. In CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (U.S. Supreme Court May 19, 2016), SCOTUS was reviewing a fee award in favor of a defendant and against the EEOC in an amount of over $4 million after a district judge
Arbitrator Auditing Attorney’s Bills Did Not Have To Disclose Work Where Audits Did Not Favor Plaintiffs Or Defendants From Overall Practice Skill Set. In Baxter v. Bock, Case Nos. A142372 et al. (1st Dist., Div. 1 May 18, 2016) (unpublished), former attorney and ex-client engaged in a mandatory fee arbitration under the Mandatory
Summary Judgment Reversed Based On Alliance Credit Bid Fraud Exception. Attorneys in Beach Whitman Cowdrey, LLP v. Robertson, Case No. B259718 (2d Dist., Div. 6 May 18, 2016) (unpublished) likely were bummed when the lower court granted a summary judgment in ex-client’s favor and also awarded ex-client $61,208 based on an attorney’s fees
Hourly Rates Properly Reduced Plus Padded Billings Presumptively At Issue. In 569 East County Blvd., LLC v. Backcountry Against the Dump, Inc. (BAD), Case No. D068538 (4th Dist., Div. 1 May 18, 2016) (unpublished), defendant BAD’s SLAPP motion was granted. However, the real battle was over the fees to be awarded BAD: it
Post-Petition Was Passive, Not Active, So Discharge Principles Applied. In Reese v. Mingramm, Case No. B262021 (2d Dist., Div. 6 May 18, 2016) (unpublished), a defendant in a later personal injury action filed a Chapter no-asset bankruptcy but failed to list the personal injury plaintiff as a creditor given that the matter was
Both Went Away Unhappy, We Assume. In Russo v. Bank of America, Case No. D067623 (4th Dist., Div. 1 May 17, 2016) (unpublished), borrower and lender won some sides of claims in an impound dispute, although plaintiff borrower eventually won $523.14 based on a contract with a fees clause after seeking $795,000 plus
Case Was Complex And Involved Unique Issues. In El Monte Rents, Inc. v. Aequitas Law Group, Case No. B256665 (2d Dist., Div. 7 May 17, 2016) (unpublished), the defense was granted attorney’s fees of $48,602 out of a requested $50,0004 in a SLAPP grant in a malicious prosecution action. The appellate court affirmed,
Result Was That Trial Court’s Award Of $175,000 In Fees Went POOF! The lender in HSBC Bank, USA v. Wells Fargo Bank, N.A., Case No. B266405 (2d Dist., Div. 6 May 16, 2016) (unpublished) likely was surprised by the result in this case, but it also shows you how powerful the one action
Case Deals With Probate Code Section 3809’s Focus On Conservatee Support Expenses, Not Conservatorship Professional Expenses. On April 16, 2016, we posted on Conservatorship of Bower, a Fourth District, Division 3 decision which was unpublished at the time. It dealt with whether Probate Code section 3809 was a proper vehicle to award conservatorship
