Both Objective And Subjective Prongs Of Fee Entitlement Were Satisfied. In Reilly Financial Advisors, LLC v. Cariani, Case No. D081870 (4th Dist., Div. 1 Mar. 19. 2024) (unpublished), the Court of Appeal faced confronting the propriety of a significantly reduced fee award of $272.325.05 in a trade secret misappropriation case after plaintiff former employer […]
Case Involved A Challenge To A Referendum Denial Decision Under The Elections Code, Not A Direct Challenge To A Housing Project. Move Eden Housing v. City of Livermore, Case No. A167346 (1st Dist., Div. 5 Mar. 15, 2024) (partially published; undertaking discussion published) involved a superior court’s denial of a writ mandate petition by
His Claim Of Indigency Was An Immaterial Consideration. In Kissner v. Loma Prieta Joint Union School Dist., Case No. H050873 et al. (6th Dist. Mar. 15, 2024) (unpublished), petitioner teacher challenged his layoff under the Education Code, but he lost before an ALJ and later lost an administrative mandamus writ proceeding before the superior
It Did Not Matter If The Debt Was Incurred Before Marriage Or If The Fee Award Was Fixed After Separation. Although unpublished, Marriage of Ferris, Case No. A165952 (1st Dist., Div. 5 Mar. 15, 2024) (unpublished) may be an eye opener for spouses who may not have been informed about contractual debts incurred by
After Obtaining A Total Jury Award Of $54,258, After An Offset For This Amount, Tenants Owed Defendants $510,828.54 In Fees And Costs For Rejecting Substantial 998 Defense Offers. If there is ever a case which shows how plaintiffs need to seriously evaluate CCP § 998 offers, McAdoo v. Wellington Prop. Co., Case Nos. A163856
Significant Benefit Element Of Private Attorney General Statute Was Not Satisfied. Nonprofit petitioner in The Affordable Housing Coalition of San Diego County v. Drager, Case No. C097016 (3d Dist. Mar. 11, 2024) (unpublished) brought a wide range of claims against governmental entities, obtaining limited relief on payment of loan reporting requirements with respect to
Also, The Appellate Court Rejected An Argument That Judgment Debtor Had Satisfied The Judgment When There Was A Pending Request For More Judgment Collection Fees Not Factored Into The Satisfaction Tender. G.F. Galaxy Corp. v. Johnson, Case No. D081492 (4th Dist., Div. 1 Feb. 26, 2024 unpublished) [certified for publication on Mar. 8, 2024] involved
4/3 DCA Also Determined Contractual Expenses Must Be Pled And Proven As Damages, As Well As Reversed A Nonsuit On Whether The Trade Misappropriation Was Willful and Malicious. In Applied Medical Distrib. Corp. v. Jarrells, Case No. G062056 (4th Dist., Div. 3 Mar. 8, 2024) (published), plaintiff former employer Applied sued former employee Jarrells
Fifth District Reversed An Order Withdrawing The Case From Arbitration Because Evidence Showed JAMS Invoice Not Received Until Later By Employer. Construing CCP § 1281.98 through plain dictionary meanings, the Fifth District in Lopez v. Landscape Development, Inc., Case No. F085676 (5th Dist. Mar. 7, 2024) (unpublished) reversed an order withdrawing a case from
This Means The Lower Court Needed To Honor the $350,000 Accepted Offer And Enter Judgment Thereon. In Chiu v. Wu, Case No. H050642 (6th Dist. Mar. 6, 2024) (unpublished), Plaintiffs accepted defendant’s $350,000 CCP § 998 offer calling for dismissal of action with prejudice, not entry of a judgment. After some procedural gaffes (including
