Author name: Marc Alexander

Section 998: Separate Plaintiff’s Offers To Two Defendants Did Not Have To Be Combined, Such That The Total Jury Award Allowed Entitlement To Expert Witness Fees

Cases: Section 998

  $16,000 in Expert Witness Fees Against Defendants Affirmed.      In Slothower v. Northern California Inalliance, Case No. C067330 (3d Dist. Aug. 14, 2014) (unpublished), defendants failed to accept plaintiffs’ two separate offers to compromise, one on each defendant in the amount of $649,999. Later, the jury returned a verdict of $1.2 million in favor […]

Discovery/Sanctions: If Motion To Compel Was Untimely, Any Sanctions Awarded Related Thereto Had To Be Reversed

Cases: Discovery, Cases: Sanctions

  Court Also Discusses Response Time When Leave Is Granted To Amend After Demurrer Hearing.      Carlton v. Dr. Pepper Snapple Group, Inc., Case No. E056566 (4th Dist., Div. 2 Aug. 14, 2014) (partially published; discovery sanctions reversal unpublished) has two nice takeaways for litigators.      First, although discussed in the unpublished portion, this opinion

Continuing Legal Education: November 2014 Edition of California Litigation Has Article Entitled “California Attorney Fee Orders: When to Appeal, Defend or Settle”

CONTINUING LEGAL EDUCATION

    Audra Ibarra Is the Author.        In the November 2014 edition of California Litigation (the journal of the Litigation Section, State Bar of California), sole practitioner Audra Ibarra has written an article, “California Attorney Fee Orders: When to Appeal, Defend or Settle.” Here are the highlights from this article after she observes

Settlement: Federal Court Jurisdiction On Post-Judgment Fee Matter Is Ancillary And Different From Ancillary Jurisdiction To Enforce Settlement Agreement

Cases: Settlement

  Denial of Attorney’s Fees in ADA Action Gets Remanded for Discretionary Exercise on Fee Ancillary Matters.      K.C. v. Torlakson, Case No. 12-16178 (9th Cir. Aug. 11, 2014) (published), in a diversity matter, provides instructive guidance on the scope of a district court’s ancillary jurisdiction over post-judgment attorney’s fees disputes versus ancillary jurisdiction over

News . . . . Judge Fallon Discusses Common Benefit Fees In MDL Cases, Judge Breyer Awards Fee/Costs Against Losing Labor Code Plaintiff, And Cisco Uses Alternative Billing Arrangements With Outside Counsel For A Decade

In The News

  MDL Common Benefit Fee Article.     U.S. District Judge Eldon E. Fallon (E.D. La.) has written an article, “Common Benefit Fees in Multidistrict Litigation,” published at 74 La. Law Rev. 371-389 (Winter 2014). In it, this jurist talks about the approaches adopted by MDL transferee courts in establishing procedures to compensate members of plaintiff

Lien For Attorney’s Fees: First Attorney Not Seeking Recovery On Attorney’s Lien Cannot Sue Second Attorney For Fee Recovery Under Client Settlement Agreement

Cases: Liens for Attorney Fees

  No Enforceable Lien Being Enforced, No Recovery.      On July 13, 2014, we did post on an unpublished case which has now been published after rehearing.      Mojtahedi v. Vargas, Case No. B248551 (2d Dist., Div. 3 Aug. 8, 2014) (partially published, discussion of attorney’s lien published) involved attorney # 1 in a personal

Indemnity/Reasonableness Of Fees/Section 1717: Reciprocity Principles And Payment Of Fees Under Corporate Indemnity Did Not Impact Civil Code Section 1717 Fee Recovery By Prevailing Defendants Under Contractual Fees Clause

Cases: Indemnity, Cases: Reasonableness of Fees

  $380,000 In Aggregate Fees To Three Defendants Was The Final Tally.      In Baharian-Mehr v. SGRL Investments, Inc., Case No. G048796 (4th Dist., Div. 3 Aug. 7, 2014) (unpublished), defendants in a general partnership dispute–where the original partnership agreement had a contractual fees clause favorable to prevailing parties—won a defense judgment in a multi-count

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