No Public Trust Issues Involved, So Joint Request to Reverse Fee Order Granted. In Park Plaza II, Ltd. v. American Bankers Ins. Co., Case No. G049334 (4th Dist., Div. 3 Jan. 15, 2015) (unpublished), the appellate court had earlier reversed a trial court’s order dismissing a cross-complaint based on a forum selection clause […]
Gotta Make It Clear Where Plaintiff Wearing “Two Hats.” Defendants in an auto accident case moved for recovery of postoffer costs after plaintiffs rejected a Code of Civil Procedure section 998 offer of $5,001 to Jenna Lane in a case involving Jenna Lane, individually and as a guardian ad litem for Allison, and
$17,936.40 In Fees/$1,108.10 In Costs Was The Total “Score” By The Victor. The next case, Fidelity National Title Co. v. 1575 Adrian Road Associates, LLC, Case No. A140350 (1st Dist., Div. 5 Jan. 15, 2015) (unpublished), is an illustration of how Civil Code section 1717 mutuality principles will allow a nonsignatory to recover
Reduction In Requested Hourly Rate and Denial of Multiplier Were No Abuses of Discretion. In Shank v. CRST Van Expedited, Inc., Case No. G049844 (4th Dist., Div. 3 Jan. 14, 2015) (unpublished), Plaintiff won a sexual harassment jury verdict against an employer and employer’s trainer, to the tune of $391,000 in compensatory damages
$117,000 Fee Recovery Under CCP § 1021.9 Went Away On Appeal. Belle Terre Ranch, Inc. v. Wilson, Case No. A137217 (1st Dist., Div. 4 Jan. 13, 2015) (partially published; fee discussion published) involved the legal interpretation of Code of Civil Procedure section 1021.9, which mandates an award of fees to a prevailing party
180-Day Rule, Not 15-Day Rule, Applied. Notice of entry of judgment is a key concept for determining whether certain subsequent filings are timely in nature. Code of Civil Procedure section 664.5 provides that notice of entry of judgment mailed by the clerk must “affirmatively state it is given upon order by the court”
Award Was Mandatory Under SLAPP Statute, Amount Was Fine. Under this category, we have blogged on many cases where mandatory fee awards are appropriate to prevailing defendants under the SLAPP fee-shifting statute. In Chapman v. City of Palmdale, Case Nos. B251913/B254125 (2d Dist., Div. 2 Jan. 13, 2015) (unpublished), the appellate court
Lower Court’s $5,000 Sanctions Order Reversed. Egyptian taxpayers seized for non-payment of taxes. H.G. Wells, The Outline of History (1920). From Wikipedia article on Tax Resistance. In Berjikian v. Franchise Tax Board, Case No. B252427 (2d Dist., Div. 7 Jan. 12, 2015) (unpublished), two taxpayers challenged the constitutionality of a Business
Seventh Circuit Disagrees That Bankruptcy Judge Lacked Jurisdiction To Decide Fee Entitlement Issue. In Sweports, Ltd. v. Much Shelist, Case No. 12-14254 (7th Cir. Jan. 9, 2015), bankruptcy counsel and a financial advisor to the Official Committee of Unsecured Creditors (“claimants”) in a Chapter 11 proceeding filed to recover fees of at least
However, The Underlying Fact Were Fun. Marriage of Raghuraman, Case No. G049489 (4th Dist., Div. 3 Jan. 8, 2015) (unpublished), in a clinical way, reiterates that an appeal will not get very far unless an adequate record is presented on appeal. Without that, the appellate court cannot even send a brief back to
