Opinion Deals With Causation Element Of CCP § 1021.5 Catalyst Analysis. On June 14, 2015, we posted on Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa, Case No. E057589 (4th Dist., Div. 2 June 8, 2015), which was unpublished at the time. This decision dealt with the causation aspect of […]
However, Appeals Court Decided That Longer Statute Of Limitations Applied To Attorney’s Fees Request As An Independent Claim Under IDEA. In the end, parents likely were sorely disappointed over the reversal of an attorney’s fees award for their Asperger’s Syndrome-suffering son under circumstances where he was entitled to the preparation of an Independent
Husband Did Not Have Liquid Assets To Do This, So Installment Payment Was Needed. In Marriage of Straw, Case No. C072933 (3d Dist. July 6, 2015) (unpublished), husband was ordered to pay Family Code section 2030 “needs based” fees of $40,000 to wife so she could either pay off her attorney or have
However, Article Actually Explores Nuances Applicable In Non-Employment Matters. In the June 2015 edition of The Advocate Magazine, attorney Iris Weinmann—a partner in Greenberg & Weinmann (located in Santa Monica)—has authored a very instructive article entitled “Making and responding to CCP 998 offers in employment matters” and subtitled “Dealing with multiple parties, and
Revenue And Taxation Code Section 5152 Was The Fee Entitlement Predicate. The home of the American citizen after the tax bill has passed. July 19, 1862. Library of Congress. The caption reads: "Scroggs says he is ready and willing to pay any amount of tax, but he would like them to leave his
Defendant Prevailed, After Acrimonious Email Battle Involving His Wife Who Was The Losing Plaintiff’s Former Wife. Plaintiff, Mr. Grier, former husband of Nancy Truong, filed a civil harassment petition against Ms. Truong’s current husband, Mr. Baturyn. Needless to say, emotions ran high. Even though plaintiff obtained some discovery and an initial TRO, he
“Clear Sailing” Provision Not Per Se Suspect. Weight Loss. Father reduces his weight. Arthur Burdett Frost, 1914. Library of Congress. In Anaya v. QuickTrim, LLC, Case No. D067432 (4th Dist., Div. 1 July 2, 2015) (unpublished), a CLRA class action challenging product labeling and packaging for weight loss products was settled under
They Did Get $76,000 In Fees And $16,961 In Costs, But Not Anything More—Plaintiffs’ Behavior In Settlement Negotiations Found To Be Irrelevant For Fixing 1717 Fees. Some of the gnarly cases involve those where there is no “unqualified winner” under Civil Code section 1717 as far as fees (although a winner for routine
Plaintiff Only Recovered $2,229, And CCP § 473 Relief Did Not Resonate. We have to say that in pro per plaintiffs need to beware when confronted with CCP § 998 offers—even though our courts are open to all, in pro per representation is fraught with perils, as Jones v. Pierce, Case No. A139665
“Wash” Sentiment Of Lower Court Endorsed By Appellate Court On Review. It’s a wash. Louise Rosskam, photographer. July 1940. Library of Congress. In Yee v. Richance HB, LLC, Case No. G049598 (4th Dist., Div. 3 June 29, 2015) (unpublished), plaintiff/cross-defendant and defendant/cross-complainant got into a real estate dispute over easement rights. The
