Deferential Abuse of Discretion Standard Sealed the Deal. In Marriage of Browne, Case No. A139607 (1st Dist., Div. 5 May 27, 2014) (unpublished), ex-husband got hit with a $3,000 Family Code section 271 sanctions for filing “too many motions” against ex-wife. That determination was affirmed on appeal. Although the written order did not […]
Reviewed in Our May 6, 2014 Post. In our May 6, 2014 post, we reviewed Syers Properties v. Rankin, Case No. A137610 (1st Dist., Div. 2 May 5, 2014 issued unpublished), which held among other things that: (1) detailed categorical breakout of time spent can substantiate a fee petition in California state courts;
Daughters Did Not Defeat Winning Attorney’s Judgment. In Estate of Goldstein, Case No. A137103 (1st Dist., Div. 2 May 23, 2014) (unpublished), attorney Dacey had obtained a $7.6 million judgment against the estate of his former partner for fee work which Dacey did while in partnership with his former partner. He collected $2.2
Labor Code Section 98.2(c) is Fee Entitlement Basis. Labor Code section 98.2(c) provides that a party (employee) unsuccessfully seeking review of a labor commissioner’s decision at the superior court level is liable for attorney’s fees and costs to the employer, if the court awards an amount less than zero. Well, employee unfortunately,
$603,150 Out of Requested $1,512,794.50 Was the Award, With Defense Counsel Getting Paid $1,070,000 by Safeway. Although unpublished, the Second District, Division 4 has done an outstanding job of analyzing a reasonableness of fee award where both sides (prevailing employee and defending former employers) appealed, with employee arguing the fee award was too
Section 998 Calculation of Preoffer Fees/Costs Sealed the Result. Frontier Land Companies v. Jeld-Wen, Inc., Case No. C064351 (3d Dist. May 22, 2014) (unpublished) is a case involving contractual/indemnity claims by plaintiff residential home builder against defendant window/door subcontractor. At trial, plaintiff claimed damages of $245,066.82, but the defense countered damages were at
Must Submit Competent Business Records or a Competent Attorney Declaration. Lund v. Merrick, Case No. G048210 (4th Dist., Div. 3 May 21, 2014) (unpublished) illustrates how admissible fee submissions are necessary, especially if an opponent makes an objection. In this one, a trial court granted a full fee request for SLAPP winner
“No Tort” Holding Is Not Unanimous Among DCAs. On May 2, 2014, we posted on Mega RV Corp. v. HWH Corp., a 4/3 DCA opinion holding that the absence of a tort meant attorney’s fees could not be awarded under the “tort of another” doctrine. In denying a rehearing request, this decision has
Fee Award Followed $201,495.14 Damages Award To Former Client of Co-Contributor Mike. For you car buffs, Canepa Design v. Mazzotta, Case No. H038631 (6th Dist. May 20, 2014) (unpublished) is a good read about a dispute over delivery of a 1958 Porsche Carrera GT, mainly focusing on whether it needed a properly functioning
Judgment Roll Limitations Drove the Result in this One. Marriage of Notaro, Case No. C074200 (3d Dist. May 20, 2014) (unpublished) is a situation where an ex-wife appealed only obtaining an award of $3,000 out of a requested $15,335 in needs-based fees. The fee order was affirmed, for one major reason. Ex-wife elected
