Written Fee Order Was Enough of a Trigger, So Appeal Was Late. The Ninth Circuit in S.L. v. Upland Unified School Dist., Case No. 12-55715 (9th Cir. Apr. 2, 2014) (published) had to decide an appeals timing issue and, in doing so, provided a graphic “practice tip” for federal court practitioners/litigants desiring to […]
As reported in Art Marroquin’s article in the April 2, 2014 The Orange County Register, Anaheim’s City Council agreed to pay more than $1.22 million to cover the fees/expenses of ACLU attorneys and three Anaheim residents in litigation brought under California’s Voting Rights Act (which has a fee-shifting provision)—with the litigation alleging that
Ford Motor Hit With $50,574.19 Lemon Law Jury Verdict, And Then Hit Again With $342,540.25 In Fees As Well As Costs/Expenses On Top. Many California consumer statutes, like the lemon laws, have mandatory fee-shifting statutes. Frequently, a winning plaintiff can obtain fee awards that are many times a multiplier of the underlying merits
Amended Petition for Fees Successfully Defeated on Demurrer. Attorneys doing probate work need to be careful about the clients they are representing to make sure there is some basis for fee entitlement. The next case illustrates one attorney losing a bid to obtain fees through an amended probate petition. An attorney in
Although there is a raging debate on which one to use, both the U.S. Attorney’s Office version and the Adjusted version of the Laffey Matrix are out for 2013-2014. (If you go to our category “Laffey Matrix,” you will get posts on the debate.) However, here is what the recent matrices show for
However, Open Question Remains—Need to File Motion for Further Response/Evidentiary Preclusion As Predicate—Not Decided. Marriage of Crawford, Case No. A138156 (1st Dist., Div. 3 Mar. 28, 2014) (unpublished) affirmed a trial court’s denial of awarding sanctions against an ex-husband under Family Code section 2107, which allows a court to award reasonable attorney’s fees
Guarantor of the Note Entitled to Fees, Too, Even Though Guaranty Had No Fees Clause. Sun v. Electro Medical Instrumentation Corp., Case No. G048547 (4th Dist., Div. 3 Mar. 27, 2014) (unpublished) was a situation where an obligor and a guarantor of a promissory note defensed a suing plaintiff based on the argument
Matter Remanded for Re-fixing of Fees Award. Plaintiff winning a California Family Rights Act, some FEHA, and two common law claims—obtaining a jury verdict of $287,400–moved to recover about $95,000 in routine costs and $1,675,627.50 in fees enhanced by a 2.0 positive multiplier for well over $3 million in requested fees. The trial
CCP § 685.040 Post-Enforcement Judgment Fees Are Allowable for Statutory and Contractual Fee Claims. Appealing party was probably upset that she got hit with attorney’s fees under three mandatory fee-shifting statutes after prevailing, on the whole, and obtaining a $403,872.99 payment in satisfaction of judgment from defendant after obtaining some damages from a
Associates Were Working For Sole Proprietorship, Not Purely Personal Interests of Attorney; Carpenter Case Found On Point. Soni v. Wellmike Enterprise Co. Ltd., Case No. B242288 (2d Dist., Div. 3 Mar. 26, 2014) (published) is another addition to the jurisprudence on the Trope v. Katz, 11 Cal.4th 274 (1995) prohibition—if you as an
