Sanctions Order Was Appealable, With Substantial Evidence Supporting It. Pulling tooth from elephant. Nov. 3, 1924. Library of Congress. A patient has a statutory right to a copy of medical records on request, with this right enforceable by a special proceeding for an order to show cause allowing the court to impose […]
Current Section 218.5, Requiring Bad Faith By Employee, Not Retroactive Before January 1, 2014. In Quiles v. Koji’s Japan Inc., Case No. G049238 (4th Dist., Div. 3 April 3, 2015) (unpublished), employee in an employment case, involving multiple claims including meal breaks, added LLC defendant on an alter ego theory. Eventually, LLC defendant
State Department’s Interpretation of Statutory Scheme Rejected. Although Aguilera v. Loma Linda University Medical Center, Case No. D066701 (4th Dist., Div. 1 April 2, 2015) (published) is a very practice-bound, technical decision, we still report on all areas of attorney’s fees. Aguilera held that Welfare and Institutions Code section 14124.76’s formula, not
Court Rejects Simple “Clerical” Versus “Judicial” Correction Distinction. Ellis v. Ellis, Case No, B248860 (2d Dist., Div. 4 April 2, 2015) (published) is a decision of interest to appellate practitioners and family law practitioners as far as when to appeal from certain judgments (including ones involving attorney’s fees), especially when they are modified
Clause Was Broad, No Apportionment Necessary For Jointly Represented Co-Defendant, And Awarded Fees Were Reasonable. In Ocean View Resort Partnership v. Solanki, Case No. G048728 (4th Dist., Div. 3 April 2, 2015) (unpublished), plaintiff landlord lost a conventional lawsuit (not unlawful detainer) against defendant tenant based on certain tort claims, with the trial
Same Result From Decision Surveyed in Our January 28, 2015 Post. On January 28, 2015, we posted on Rio School District, a Second District, Division 6 decision where a substantial attorney’s fees award was remanded for redetermination after the appellate court determined that an unclean hands defense was legally not cognizable under Public
SO THAT'S WHERE EGGS COME FROM, AND HOWARD THURSTON, PROFESSIONAL MAGICIAN, PULLS AN EASTER EGG FROM THE MOUTH OF BUZZIE DALL AT THE WHITE HOUSE EGG ROLLING FESTIVALS. THE GROUP, FROM THE LEFT: JANE THURSTON, DAUGHTER OF THE MAGICIAN; SISTIE DALL AND BUZZIE, GRANDCHILDREN OF THE PRESIDENT; MR. THURSTON; AND MRS. ROOSEVELT. 1934. Library of
Prior Unpublished Decision Affirmed Denial Of 1021.5 Fees For Failure To Make Proper Informal Settlement Efforts. In our March 11, 2015 post, we discussed Carian v. Dept. of Fish & Wildlife, Case No. D066683 (4th Dist., Div. 1), which originally issued as an unpublished decision on March 9, 2015. It affirmed a trial
Language Of Disbursement Clause Was Crucial In A De Novo Appellate Review Situation. At our home page sidebar under “Indemnity,” we have posted many times–and you can gather our posts–on whether language in contractual indemnification clauses gives rise to contractual attorney’s fees recovery. Rideau v. Stewart Title Co. of California, Inc., Case No.
Also Indicates That Defense Counsel Billings Will Not Remain Sealed Forever. In Gutierrez v. Wells Fargo Bank, N.A., Case No. 07-05923 WHA (N.D. Cal.), U.S. District Judge William Alsup recently ruled on March 27, 2015 that class counsel in the Wells Fargo overdraft class action—who won a $203 million restitutionary judgment—must support their
