$11,457.65 Fee Award Goes POOF! We love the opening and closing in Settle v. State of California (McKiernan), Case No. B249236 (2d Dist., Div. 6 July 23, 2014) (published), written by Justice Yegan on behalf of a 3-0 panel. John Vachon, photographer. “Glorified Hamburgers”. Oct. 1938. Library of Congress. The opening […]
Complaint Prayer Gave Notice, But Fee Amount “Re-do” Necessary on Remand. In Lawson-Hawks Ins., Inc. v. McVey Ins. Broker, Inc., Case No. H038466 (6th Dist. July 22, 2014) (unpublished), plaintiff sued four defendants (an insurance agency, an insurance brokerage company, and certain agents) for willful violation of trade secrets. Plaintiff obtained a default
Appealing Parties Saved $31 Million in Funds Being Transferred, With Whitley and Maywood Providing Cost/Benefit Analytical Compass. Children and Families Comm’n of Fresno County v. Edmund G. Brown, Jr., Case No. F066233 (5th Dist. July 22, 2014) (published) was a situation where the lower court denied attorney’s fees under CCP § 1021.5 to
Real Property Service Case Found Dispositive. After the business deteriorated, a plaintiff under an agreement with a fees clause sued defendant for selling a florist business, raising contract, UCL, fraud, and negligent misrepresentation claims. In Phase I of a court trial, the trier of fact found that the plaintiff lacked standing to sue
1/1 DCA Reverses Lower Court’s Unconscionability Determination Below. In Galen v. Redfin Corp., Case No. A138642 (1st Dist., Div. 1 July 21, 2014) (published), a lower court found unconscionable an arbitration provision in an employment contract under California law. The appellate court reversed, finding the FAA applied and disagreeing that the provision was
Condemnor’s Final Settlement Offer Was $954,000; Condemnee’s Final Demand Was $4.5 Million—Condemnor’s Offer Was Not Done With Good Faith Accuracy. California’s eminent domain statutory scheme has a very specific fee shifting statute, allowing successful condemnees to obtain recovery of litigation expenses (including attorney’s fees) as measured by the final offers from condemnors versus
If We Read Them Right, A Big Portion Went to Attorney’s Fees/Costs. We give a HAT TIP to Bruce Nye, a seasoned litigator who has been doing a very entertaining, informative blog called “Cal Biz Lit” for a number of years. We thank him for summarizing the 2013 settlement numbers for Proposition 65
Sky Analytics Conducts Groundbreaking Study. We thank our friends at NALFA for a recent post on a groundbreaking study which we now share with you. Sky Analytics, a provider of legal spend management software for corporate legal departments, recently issued a gender study based on actual billings from law firms, available for
Case Was Unreasonable/Without Foundation, and Trial Court Lowered Lodestar One Half Based on Plaintiff’s Ability to Pay. FEHA plaintiff lost on a summary judgment motion, with the lower court finding that the case was unreasonable and without foundation from inception based on proof that there was objective basis for what the governmental entity
It is with sadness that we report that Raymond G. (Ray) Alvarado recently passed away. He is a founding member of AlvaradoSmith, where co-contributors Marc and Mike have practiced since February 2008. Ray is a giant in the Orange County legal community and a “name” partner/shareholder in several firms. Ray had a ready
