Sureties’ “Contractual Only” Argument Did Not Cut It On Appeal. Okay, our followers, this one deals with judgment enforcement. If you are interested, stay tuned—because these are indeed arcane-oriented issues. If you are not, either watch some March Madness or still read just so you maybe put something away for later use in […]
Result Was “Mixed” For Plaintiffs, While Plaintiffs Did Not Eclipse Defense 998 Offer. The result in Smith v. Esmailzadeh, Case No. B239828 (2d Dist., Div. 8 Mar. 19, 2014) (unpublished) illustrates well our Mission Statement that "[a]ll too often attorney fees become the tail that wags the dog in litigation." Deane Gardenhome Assn.
Fee Compensation for Work in Related Insurance Action No Abuse of Discretion. Labor Code sections 3706/3709 have a mandatory fee-shifting provision in a case where a judgment is entered in a lawsuit for workplace injury under circumstances where the employer failed to obtain workers compensation insurance. These special fee-shifting provisions were operative
Ninth Circuit Sides With Consonant Third, Fifth, Seventh, and Eleventh Circuit Opinions on the Issue. The Ninth Circuit in Family PAC v. Ferguson, Case No. 12-35640 (9th Cir. Mar. 19, 2014) (published) dealt with the first impression issue for the Court of whether costs under F.Rule App. Proc. 39 did or did not
Trial Court Did Not Abuse Discretion in Fixing Fee Award Even Though Both Drivers Were Intoxicated In Accident. Dueling intoxicated car drivers had an interesting fee-shifting dispute in a civil case. What occurred in McBeath v. Bustos, Case No. B246122 (2d Dist., Div. 4 Mar. 18, 2014) (unpublished) was that plaintiff (who was
Santisas Drove the Result in this One. In Berry v. Berry, Case No. D062914 (4th Dist., Div. 1 Mar. 18, 2014) (unpublished), one co-trustee/aligned other parties were not happy when a probate court denied their request for attorney’s fees under a settlement agreement fees clause after another co-trustee (a brother, of course) voluntarily
Much Less Awarded Than Requested $1.042-1.390 Million in Fees; Plaintiff Stipulated to Costs Reduction, With Modified Judgment Entered Accordingly. This case is an interesting illustration of how lower courts will reduce an inflated fee request to calculate a lodestar as well as enforce a “high/low” stipulation that was silent with regard to fees/costs.
Cost Waiver Had Value—Over $60,000 In Costs. Plaintiff brought suit after his vehicle collided with one of defendant’s light rail trains in Kurz v. Santa Clara Valley Transp. Auth., Case No. H039163 (6th Dist. Mar. 18, 2014) (unpublished). Plaintiff’s case was resolved adversely based on two summary adjudication motions, with the defense then
Rule 11 Sanctions Were Inappropriate When Rendered After Merits Decided And After Defendants Corrected Pleadings. In our July 31, 2013 post, we discussed Islamic Shura Council v. FBI, 725 F.3d 1012 (9th Cir. 2013), where the Ninth Circuit reversed a Rule 11 sanctions order which was issued after a merits determination and after
A Bridge Too Far? N.J. Bridge Probe Costing Some Legal Fees. An article in McClatchy Newspapers reports that the N.J. George Washington Bridge closure embroiling N.J. Gov. Chris Christie’s administration in turmoil also has other fallouts. Not only is overtime being expended by public officials to investigate the matter, Fort Lee, N.J.’s council
