Cross-Claims Did Not Implicate Escrow Agreement Fees Clause. Mills Potoczak & Co. v. Habersham Funding LLC, Case No. C074955 (3d Dist. June 1, 2015) (unpublished) dealt with a fee-shifting clause in an escrow agreement by which a victor on certain tort cross-claims, serving as escrow agent, tried to get an appellate court to […]
Employer Asking For $1.6 Million In Fees For All Work Only Got $150,000 For Apportioned Time On One Labor Claim. The fee order in Salhi v. PNY Technologies, Case No. CIV 514059 (San Mateo County Superior Court) is interesting and may well present some nice strategies call for employers who obtain a determination
Civil Code Section 789.3(c)(2) Allows For Such An Award. Successor landlord in this one got “stung” for interrupting the utilities in premises and then failing to pay relocation expenses with respect to a 77-year elderly tenant, who had a good 12 year relationship with a prior landlord. Then, things got shaky with the
City’s Confession Of Error Early On Did Not Retard Fee Recovery. Harbor Seal. Wordless symbol at English Wikipedia. Creative Commons Attribution-Share Alike 3.0 Unported. Animal Protection and Rescue League v. City of San Diego, Case No. D065178 (4th Dist., Div. 1 May 27, 2015) (partially published; fee entitlement, but fee amount/costs discussion
Dept. of Parks and Recreation v. Schoendorf, Case No. H039321 (6th Dist. May 26, 2015) (unpublished). In this one, an appellate court denied $300,000 in attorney’s fees against the State under a settlement agreement where “reasonable diligence” governed the fee entitlement. Given that the prevailing party determination was discretionary under this clause and
Legal Error To Deny Fees For Property Owners Facing Uncertain Offer. Although this case involves fee-shifting under a specific eminent domain context, it really applies analogous uncertainty principles in civil contexts encountered daily by other California litigators. City & County of San Francisco v. PCF Acquisition, LLC, Case No. A139836 (1st Dist.,
Activision Settlement Nets Lead Counsel 22.7-24.5% Of Common Benefit Fee Percentage. In In re Activision Blizzard, Inc. Stockholder Litigation, Consolidated C.A. No. 8885-VCL (Del. Ch. Ct. May 21, 2015 revised), Delaware Chancellor Travis Laster approved a settlement, awarded fees to Lead Counsel, and awarded an incentive payment to Plaintiff from the fees in
Beneficiary Did Not Meet Burden Of Proof Under Probate Code Section 17211(b). An attorney was both the sole trustee and one of two beneficiaries of deceased father’s trust estate, with the other beneficiary being his sister. The two got involved in protracted probate litigation and appeals culminating in these results: (1) attorney’s forgiveness
Plaintiff Ultimately Lost Merits At Demurrer Stage. In Merrill v. County of Lake, Case No. A140744 (1st Dist., Div. 3 May 21, 2015) (unpublished), plaintiff won a short-lived preliminary injunction in a challenge to a restrictive marijuana cultivation ordinance, but later lost at the demurrer stage. Plaintiff moved to recover lodestar fees and
However, Striking Plaintiff’s Costs Had To Be Reconsidered Under Williams. Actually, Myres v. San Francisco Housing Authority, Case No. A141107 (1st Dist., Div. 5 May 20, 2015) (unpublished) may be more interesting for its decision on the costs issue versus the fee issue. On the fee issue, plaintiff did obtain about a
