“Parties” Language Narrowed the Controversy Greatly. NMS Properties v. Jones, Case No. B246167 (2d Dist., Div. 3 Nov. 4, 2014) (unpublished) was a Santa Monica affordable housing case involving a fee recovery to a third-party beneficiary under a deed restriction applying only to “parties.” On appeal, the fee recovery was overturned because the […]
Our August 6, 2014 Post On The High Water Mark Of The English Judges’ Contempt Powers Has Been Expanded And Published As An Article In California Litigation. Thanks to the generous permission of California Litigation, The Journal of The Litigation Section, State Bar of California, “Summary Contempt and Due Process: England, 1631, California, 1888”
Fee Award Of $126,974.13 Goes Poof ! The Sixth District has overturned a fee award to an unfortunate dental patient for injuries arising from negligently performed dental work because private enforcement of the public right vindicated was unnecessary – a predicate for recovery of fees under California Code of Civil Procedure, section 1021.5. Bui
Court Adopts Broad Interpretation To Statutory Reference To When The “Motion Was Made”. In a published decision, the Sixth District, Division 1, affirms and holds “that a trial court may impose sanctions under Code of Civil Procedure section 1987.2 against a litigant for pursuing a motion to quash that, even though legitimately filed, was
Judge Harold Kahn Reads The Riot Act. If ever a case demonstrates why settlements of class actions and fee awards to class counsel are subject to court oversight and scrutiny, this is it. Lofton v. Wells Fargo Home Mortgage v. Wells Fargo Home Mortgage, Case No. A136626 (1/3 October 22, 2014) (certified for publication).
A Twist: SLAPP Attorney’s Fees Not At Issue Here – Rather “Wrongful” Distribution Of Funds Held By Attorney Leads To Lawsuit And SLAPP Motion. In the typical SLAPP case we report about, the issue is whether attorney’s fees will be recovered for prevailing on a SLAPP motion. But in our next case, the
Coastal Environmental Rights Foundation, Inc. v. City of San Diego, Case Nos. D060230 (4th Dist., Div. 1 Oct. 16, 2014) (unpublished) Here, a CEQA petitioner finally forged a settlement with the City of San Diego over issuing a permit for the 2010 La Jolla Cove Fireworks Show without performing an environmental review. Under
$602,211.23 Fee Request Pared Down By Lower Court and Sustained. Living Rivers Council v. State Water Resources Control Bd., Case No. A138723 (1st Dist., Div. 5 Oct. 15, 2014) (unpublished) has a nice discussion of the private attorney fee recovery elements under CCP § 1021.5 and also demonstrates how a carefully framed lower
Equitable Estoppel Supported Affirming What Happened in Unique Facts Involving a False Claims Act Wrinkle. Family Code section 3153 directs that counsel’s fees for a minor are to be paid either by the parties or by the county when it comes to compensating counsel appointed to represent a minor child. (In re Marriage
It Did Satisfy Labor Code Section 218.5 Entitlement Statute, Notwithstanding Lower Court Believing It Was A Breach Of Contract Matter. In Brunoehler v. Amstem Corp., Case No. B252545 (2d Dist., Div. 5 Oct. 10, 2014) (unpublished), a plaintiff obtained a hefty $537,657.49 judgment against former employer for unpaid salary and other benefits. However,
