Husband’s Appeal Rejected, Because Both Parties Engaged In Acrimonious Behavior According To Appellate Court. Nasty facts and nasty conduct, no matter what parties may believe, usually do not lead to a reversal and do not lead to a reversal where both parties are perceived to be at somewhat equal “fault.” In Marriage […]
Contractual Basis Was There, And No Apportionment Required Under the Facts. The long-standing battle between Mr. Fleming and Capistrano Unified School District (CUSD) has finally ended, we think, in Fleming v. Capistrano Unified School Dist., Case No. G048523 et al. (4th Dist., Div. 3 Jan. 7, 2015) (unpublished). This concerned Mr. Fleming’s involvement
$164,474.50 Fee Recovery Denial Affirmed On Appeal. Patterson v. Sherwood Valley Homeowners Assn., Case No. B254446 (2d Dist., Div. 6 Jan. 6, 2014) (unpublished) demonstrates that the theory of the case may well determine whether fee entitlement for or against a party is in order. In this one, HOA won a tree
No Abuse of Discretion to Only Award $297,700 Out of Requested $584,055.46-$607,308 Fee Request. Nguyen v. Wells Fargo & Co., Case No. B256375 (2d Dist., Div. 4 Jan. 6, 2014) (unpublished) is an interesting class action fee case, given that it basically affirms a trial judge’s decision to base a fee award in
Amount of Awarded Fees Was Reasonable, Given Trial Judge Only Granted 62% Of Requested Fees. In Afra v. Artech Properties, LLC, Case No. B250073 (2d Dist., Div. 7 Jan. 5, 2014) (unpublished), Artech Properties and another party defensed a fraud lawsuit, replete with related equitable claims, as against a party seeking to recover
Brother Prevailed on Key Issue—Continued Possession of Store Space in Downtown Cincinnati. Larry Flynt is back in the news. Through a company named Hustler Cincinnati, he brought a forcible entry and detainer action to evict his brother Jimmy Ray Flynt’s store (Cincinnati Hustler on Elm Street) from space in downtown Cincinnati. Larry lost,
Car Manufacturer Defendant Prevailed For Fees, But Might Be Liable For Some Routine Costs. Actually, we can say that counsel for Mercedes-Benz in this case made some good moves as far as mitigating fee/costs exposure. M-B was embroiled in a gripe from a car owner about excessive multiple repairs. Car owner sued, but
City Did Obtain Its Litigation Objectives As To Noncompliance With Garage Conversion Arrangement. In 2007, City of La Verne and defendants/owners of a residential property settled an ongoing lawsuit through a written settlement agreement by which the defendants agreed to convert an apartment on their property back into a garage within nine months
Aggrieved Party Timely Objected To Proposed Judgment, So Timely Challenge Made To Duplicative Costs Award. In Ecolite Concrete U.S.A., Inc. v. G.S. Levine Ins. Services, Inc., Case Nos. D064178 et al. (4th Dist., Div. 1 Dec. 31, 2014) (unpublished), a cross-complainant was hit with a costs judgment in favor of party #1 even
Mummers Day Parade on New Year’s day, Philadelphia, Pennsylvania. Carol M. Highsmith, photographer. Library of Congress.
