Parties Agreed to Settlement Where Neither Plaintiff Nor His Attorneys Liable for Discovery Sanctions, Mooting the Appeal. Ya know, sometimes you should simply throw in the towel once a dispute has been resolved, aiding the appellate court in saving some resources so that they can dismiss an appeal without the need for an […]
Dismissal Occurred Before Any Definitive Merits Adjudication—Santisas Governed. In German American Capital Corp. v. 1495 Pacific Highway, LLC, Case No. D063446 (4th Dist., Div. 1 June 24, 2014) (unpublished), plaintiff sued on some loan documents, asking for appointment of a receiver and judicial foreclosure, among other things, based on deeds of trust containing
Prevailing Party Is A Discretionary Determination Where No One Is A Clear Winner. 2845 Monterey Road, LLC v. Posada, Case No. H039053 (6th Dist. June 23, 2014) (unpublished) is a discretionary “prevailing party” determination under a landlord-tenant dispute with a lease having a fees clause. Ultimately, landlord seemed to prevail, but not by
Silence in the Record as to Apportionment Required Remand. The Third District in Painter v. Francis Realty, Inc. Profit Sharing Plan, Case No. C073864 (3d Dist. June 23, 2014) (unpublished) considered a situation where a borrower under a promissory note/deed of trust brought multiple causes of action against creditor. The problem was that
Lower Court Erroneously Interpreted the Clause Too Narrowly. Lasertone Corp. v. E.S.E Electronic, Case No. B248908 (2d Dist., Div. 2 June 17, 2014) (unpublished) involved a fight over enforcement of a settlement with a fees clause. After a lower court granted plaintiff’s motion to enforce a settlement agreement, the defense appealed and lost
No Written Retainer Agreement, With Quantum Meruit Jury Verdict Overturned And Reduced To $1.8 Million Plus Some Other Deductions. This is a doozy of a case involving well known Los Angeles attorney Hillel Chodos, who happened to not have had a written hourly or contingency retainer agreement with an ex-client, a wife involved
Also, Appellant and Attorney Had to Pay $7,500 to Clerk of the Court For Frivolous Appeal. In somewhat of a companion post to several cases we have looked at recently, the Third District in Singh v. Lipworth, Case No. C073177 (3d Dist. June 18, 2014) (unpublished) provided us with the expenses which may
Lower Court Denial Based on Rescheduled Hearing Date Was No Reason to Deny. In Whitehill v. Valente, Case No. A137613 (1st Dist., Div. 1 June 18, 2014) (unpublished), a litigant was denied CCP § 128.7 sanctions for not satisfying the 21 day “safe harbor” period for the opposing side to withdraw a pleading/comply
Lower Court Reasonably Exercised Discretion on Costs-of-Proof Sanctions Request and Correctly Found $100,000 998 Offer Was Reasonable. In Harman v. Safeway, Inc., Case No. A134891 (1st Dist., Div. 2 June 17, 2014) (unpublished), plaintiff won a $5,060 personal injury jury verdict against Safeway after he was hit by a runaway grocery cart. Before
$15 Million is the Stipulated Fees/Costs To Plaintiffs’ Counsel Under Clear Sailing Provision. Oracle Corp., the largest marker of database software, has signed a June 13, 2014 settlement agreement with shareholders challenging its merger with Pillar Data System, a company in which Oracle founder Larry Ellison had a 55% interest—claiming the merger unfairly
