Nonassuming Grantee Under Deed Of Trust “Steps Into Shoes” For Civil Code Section Purposes. Plaintiff prevailed on her cause of action to cancel a trust deed with an attorney’s fees clause, but the lower court—although sympathetic to her cause—denied a fee request of over $130,000 in Reynoso v. Patel, Case No. H039016 (6th […]
Postscript to Our June 25, 2014 Post. On June 25, 2014, we posted on U.S. Magistrate Judge (N.D. Cal.) Paul Grewal’s $2 million sanctions award against Quinn Emanuel and Samsung for alleged disclosure of protected documents in the Apple smartphone litigation, payable to Nokia and Apple. Although a reconsideration motion was brought, Magistrate
$425,000 Fee Request Plus 1.5 Multiplier Nixed on Appeal. In Holquin v. Dish Network LLC, Case No. D059983 (4th Dist., Div. 1 Sept. 22, 2014) (published), plaintiffs won a combined economic/noneconomic verdict against DISH Network and others in a satellite T.V. dispute. However, the rub was an attorney’s fees clause in the Residential
E-Filing Expense Part of Decision Very Instructive. Ya know, some cases are so fact and procedurally specific that we have to pull back from giving all the specifics. Sheldon v. Strong, Case No. G048770 (4th Dist., Div. 3 Sept. 22, 2014) (unpublished) is just such a situation, but there are two good takeaways
Recovery on Fiduciary Duty Aiding/Abetting Count Not Justify Fees, Even Though Plaintiff Recovered $7.1 Million Jury Verdict. Plaintiff recovering a $7.1 million jury verdict on a fiduciary duty aiding/abetting count was not happy when a fees motion was denied. Plaintiff appealed from the fee denial in American Master Lease LLC v. Idanta Partners
Appeal on Merits by Garden City Might Moot Fee Motion, With Federal District Judge Deferring the Issue Until Later. In Mhany Management v. Incorporated Village of Garden City, Case No. 05-cv-2301 (E.D.N.Y. Sept. 11, 2014), the Village of Garden City (on Long Island, N.Y.) was found liable for fair housing discrimination under certain
Given Plaintiffs Were Unified in Interest, Reversal and Potential Exposure From First Plaintiff Required Reversal of Costs Ruling Too. Our local appellate court, in a “by the Court” writ decision involving Justices O’Leary (presiding), Fybel, and Thompson, decided that appellate directives usually “mean what they say.” In this case, a lower court erred
Successful Party in Arbitration, Suffering Setback on Appeal, Was Not a Prevailing Party. In Guerra v. Aurora Loan Services, LLC, Case No. H038813 (6th Dist. Sept. 19, 2014) (unpublished), a lower court denied a successful arbitration litigant his fees in connection with an equally successful petition to confirm the arbitration award. The trial
Federal Judge Orders Money Paid to Prevailing Adversary Defendant, Reducing Requested Fees By About 34%. In mid-August 2014, U.S. District Judge Colleen McMahon, in Madison 92nd Street Associates v. Courtyard Mgt. Corp., Case No. 13 Civ. 291 (S.D.N.Y.), sanctioned well-known firm Boies Schiller & Flexner LLP—dubbed as one of the top four “most
Estate of Johnson, Case Nos. A134733 et al. (1st Dist., Div. 3 Sept. 18, 2014) (unpublished). An attorney was sanctioned for $7,290 (representing fees incurred by another litigant) for making a false allegation in a probate Third Amended Petition. The basis for the award was under CCP § 128.7. The award was reversed
