Use of Juror Declaration To Show “Close Case,” A Creative Approach, Was Not Accepted By Trial Court, But Appellate Court Did Not Rule It Out Under The Right Circumstances. This next case involved a creative attempt to use a juror affidavit to negate the proposition that a FEHA case was frivolous, unreasonable or […]
Reciprocity Required Under Section 1717, Given Unfairness of Other Result. In Trejo v. Arriaga, Case No. D064410 (4th Dist., Div. 1 Jan. 21, 2015) (unpublished), plaintiff 50/50 shareholder in a closely-held corporation lost an amended shareholder derivative lawsuit against defendant 50/50 shareholder. Defendant nonsuited plaintiff based on a failure to prove damages. Defendant
Big Practice Tip—Make Sure Contractual Predicate Is Provided For Motion In An Evidentiary Sense. Century Quality Management, Inc. v. JMS Air Conditioning and Appliance Service, Inc., Case No. B255326 (2d Dist., Div. 7 Jan. 21, 2015) (unpublished) is a very good decision offering an important practice tip for a fee claimant—make sure that
Increases Followed From Prior Yearly 2% and 1% Cutbacks. As reported in the January 19-25, 2014 issue of the Orange County Business Journal, Orange County’s largest law firms increased their workforces by 3.2% overall in 2014, reversing prior yearly cutbacks in past years of 2% and 1%, respectively. Also, this edition has
Civil Action Was Part of Bitter Dissolution Dispute. Husband, during the pendency of apparent bitter dissolution proceedings with his former wife, filed multiple civil lawsuits against wife, her parents, and her parents’ trust. Earlier, in one of the actions, the assigned civil judge refused to deem the matter related to the family law
Fee Provision Only Encompassed Narrower Action “To Enforce Or Interpret the Agreement.” Plaintiff did well in a conversion, fraud, breach of fiduciary duty, and unfair competition action against defendants, eventually netting him $3.82 million in compensatory damages and $400,000 total punitive defendants against two defendants. He then sought to recover $2.1 million under
Appellate Court Disagreed With Lower Court, Because PRA Litigation Was Not "Clearly Frivolous" So As To Justify Fee Order. In Bertoli v. City of Sebastopol, Case No. A132916 (1st Dist., Div. 4 Jan. 20, 2015) (published), a petitioner/her attorney were hit with an adverse $44,630 fee award (out of a requested $82,380) in
Omega, Luxury Watch Purveyor, Had To Pay Fees. In Omega S.A. v. Costco Wholesale Corp., No. 11-57137 (9th Cir. Jan. 20, 2015) (published), the Ninth Circuit considered an appeal of a summary judgment and attorney’s fees award in favor of Costco and against Omega in a copyright infringement suit. Both rulings were affirmed.
Tract 19051 HOA And Williams Matters Set To Be Argued. On February 4, 2015, the California Supreme Court will hear arguments in two prevailing defendant cases, one involving fee recovery and the second involving routine costs recovery. In Tract 19051 Homeowners Association v. Kemp, No. S211596, the Court will consider whether a
Judgment Debtor Must Show Social Security Funds Were Involved, But This Was Done. Machine signs 7,000 Social Security checks per hour with no writer’s cramp. 1939. Library of Congress. Justice Fybel, on behalf of a 3-0 panel, in Kilker v. Stillman, Case No. G048473 (4th Dist., Div. 3 Jan. 16, 2015) (published)
