No Fee Motion Papers Provided By Appellant. This case again reminds everyone to make sure an adequate record is prepared in a fee proceeding and to make sure prior merits appeals are preserved if the only grounds for reversal is that the merits ruling was erroneous. Defendant licensed contractor was found liable […]
Unusual Holding in Rainier Decision Did Not Compel Contrary Result. In Mir v. Iungerich & Spackman, Case No. B250393 (2d Dist., Div. 3 Jan. 29, 2015) (unpublished), judgment debtor obtained partial success on a motion to vacate a renewed judgment arising from a legal retainer agreement with a fees clause. Judgment debtor persuaded
Owner Was Not Prevailing Party in Lemon Law Case Because Owner Did Not Recoup Main Objective in the Form of Civil Penalty. On January 3, 2015, we posted on MacQuiddy v. Mercedes-Benz USA, LLC, Case No. B251752 (2d Dist., Div. 8), which held among other things that a car owner in a lemon
Appellate Court Reverses Partial Basis For 271 Award, Requiring A “Relook” Below. Husband was not happy in being denied part of a substantial tax refund and other rulings in his dissolution proceeding, prompting an appeal in Marriage of Becker, Case No. G048497 (4th Dist., Div. 3 Jan. 28, 2015) (unpublished). He also challenged
$25 Was The Fine. U.S. Magistrate William V. Gallo (S.D. Cal.) was 10 minutes late in attending a session in a trademark infringement suit involving cheerleading clothes. He obviously was displeased, fining himself $25 for his tardiness in keeping the participants waiting. Dallas Cowboys Cheerleaders. Carol M. Highsmith, photographer. 2014. Library of
Appellate Court Ordered Apportionment to Limit Fee Award to Those Incurred Solely to the Section 7107 Claim, Meaning $3.85 Million Fee Recovery Went POOF! For Now. In FTR International, Inc. v. Rio School Dist., Case No. B238618 (2d Dist., Div. 6 Jan. 27, 2015) (partially published; fee discussion published), school district and its
Gray1CPB Case Result Does Not Change After Remand From Cal. Supreme Court. On April 9, 2014, we posted on Gray1 CPB, LLC v. SCC Acquisitions, Inc., Case No. G047429 (4th Dist., Div. 3), which held that a judgment creditor was precluded from seeking post-judgment enforcement attorney’s fees based on accepting a cashier’s check
Issue Was One Of First Impression for Ninth Circuit. In Black Mesa Water Coalition v. Jewell, No. 12-16980 (9th Cir. Jan. 26, 2015) (published), the Ninth Circuit considered the “first impression” issue of the standard of review to be used for purposes of scrutinizing fee decisions made under the Surface Mining Control and
Split Decision For Third Party Purchaser At Trustee’s Sale Involving Second Deed of Trust. Nonsignatory plaintiff purchased a property at a trustee’s sale of a junior lienholder, eventually bringing an action to sue certain defendants to determine amounts owed under the first (senior) deed of trust and set aside the trustee’s sale of
Problem Was That Joint Tortfeasor Situation Will Not Justify Fees Under This Theory. Raicevic v. Lopez, Case No. D061253 (4th Dist., Div. 1 Jan. 23, 2015) (unpublished) illustrates a principle that is important in this area of the law—“tort of another” fees will not be awarded in a multiple tortfeasor situation. What
