At Stake Were Rights In Songs, Including “YMCA.” This one will stir up memories for a lot of you readers around the age of co-contributors Marc and Mike, probably like us watching “The Village People” perform on Saturday Night Live. Victor Willis, the original lead singer of “The Village People,” prevailed in […]
4/3 Unpublished Decision Certified For Publication. On August 18, 2015, we posted on Grace v. Mansourian, a Fourth District, Division 3 unpublished decision which reversed the wholesale denial of RFA “costs-of-proof” sanctions in a case where certain denials in a personal injury case by the defense were found to be unreasonable on appeal.
Fed. R. Civ. P. 37(c)(2) Analog “Costs of Proof” Sanctions At Issue. Although we have many times posted on California’s “cost-of-proof” sanctions provision under Code of Civil Procedure section 2033.420, the next case involves Fed. R. Civ. P. 37(c)(2), which states that “[i]f a party fails to admit what is requested under Rule
N.D. Cal. District Judge Orders Segan LLC To Pay $1.9 Million Under Octane Fitness/Highmark. Last week, N.D. Cal. District Judge Vince Chhabria ordered Segan LLC to pay $1.9 million in fees to Zynga, Inc. for Segan’s filing of a “totally unreasonable” patent infringement suit over character icons that can interact with websites. He
$89,387.50 Was Fee Recovery, With Trial Court Correctly Apportioning After Passage Of City Resolution. Although technically not a HOA case, we post under this category because it involved an adjacent property owner in the City of Palm Desert suing another neighbor for having noncompliant construction plans under the HOA’s CC&Rs. The
California Rates 47 Out of 50 At Bottom of List, With West Virginia Being No. 50. The U.S. Chamber Institute for Legal Reform, through a Harris Poll, has come out with its “2015 Lawsuit Climate Survey: Ranking the States,” based on a national sampling of 1,203 in-house general counsel, senior litigators or attorneys,
Continued Mounting Attorney’s Fees Was A Risk She Did Not Want To Bear. After appealing a jury verdict loss in her gender bias lawsuit against former employer Kleiner Perkins Caufield & Byers LLC, former Reddit interim CEO Ellen Pao announced on September 10, 2015 that she is dropping her appeal and will pay
Costs—CEQA Record Preparation: North County Advocates v. City of Carlsbad, Case No. D066488 (4th Dist., Div. 1 Sept. 10, 2015) (Unpublished). In this first case, the appellate court reversed and remanded a costs award in favor of City in a costs award with respect to certain record preparation costs. The takeaways here are
Since 2000, About $150 Million—Two-Thirds Of Settlement Payments—Have Gone To Prosecuting Proposition 65 Attorneys. Dr. Joseph Perrone, Chief Science Officer at the Center for Accountability in Science, has authored an OpEd article in the September 10, 2015 edition of The Orange County Register. Among other things, he surveys the settlement payments made under
Also, Service Of Judgment Electronically Extended The Time To File/Serve Costs Memorandum. In a very detailed published decision, the Second District, Division 3 confronted two issues: (1) whether a costs memorandum filed 17 days after electronic service of a notice of entry of judgment was timely, and (2) whether some dismissed defendants in
