Even a Partial Reversal Can See a Substantial Fee Award Goes POOF! City of Novato v. Morgan, Case No. A130899 (1st Dist., Div. 3 Feb. 27, 2014) (unpublished) involved the scope of personal guaranties to perform under two residential subdivision agreements. In prior litigation not involving the two guaranties, City was successful in […]
$22,597.50 SLAPP Fee Award Based On Litigation Privileged Affirmed On Appeal. In Christiana v. Plotkin, Case No. B244862 (2d Dist., Div. 1 Feb. 27, 2014) (unpublished), plaintiff (former defendant in a criminal action) sued defendant psychiatrist who issued a report he did not like on his competency to stand trial/assist his appointed public
Practice Is Not Objectionable Per Se. 1800 – 1840. Library of Congress. The Fifth District in F.W. Spencer & Son, Inc. v. Harris Construction Co., Inc., Case Nos. F064782/F064793 (5th Dist. Feb. 26, 2014) (unpublished) sustained a contractual attorney’s fees award of $557,212.50 despite the appellant’s challenge that block billing should result
Despite Large Plaintiff Claimed Medical Expenses, Defense Liability Defenses Can Justify Lower Offers As Being In “Good Faith.” Settlement. Cliff Dwellers of the North. 1913. Library of Congress. In Jones v. Barnes, Case No. H037971 (6th Dist. Feb. 26, 2014) (unpublished), plaintiffs in a car accident case were defensed, after refusing separate
Simply Lodging Billings With Court Before Hearing Did Not Suffice. The key lesson from Promark Financial Ins. Marketing, Inc. v. McGee, Case No. G047723 (4th Dist., Div. 3 Feb. 26, 2014) (unpublished), a 3-0 decision from our local Santa Ana appellate court authored by Justice Aronson, is that one needs to submit detailed
Here, Oral Findings Showed Court Justified Awarding Fees to the Defense. Plaintiff, an American Indian, brought a FEHA/breach of contract/breach of implied covenant case against Stanford University, being nonsuited on the FEHA count (after the trial judge found he only had his own subjective opinion that racial discrimination occurred) and suffering an adverse
Costs Were Not Governed By CCP §§ 1032 or 998 Given How the Matter Was Tried. Feuding nephew beneficiaries of a trust set up by a widow without issue tried a case in probate court involving claims of undue influence, lack of capacity, and elder abuse. The judge hearing the case, by a
Public Importance of Case, Closeness of Issues, Plaintiff’s Limited Financial Resources, and Disparity in Parties’ Economic Power All Justified Costs Denial. The Ninth Circuit in Escriba v. Foster Poultry Farm, Inc., Case Nos. 11-17608/12-15320 (9th Cir. Feb. 25, 2014) (published) affirmed a jury verdict/district court judgment against a losing plaintiff, who earned $11,622
Gotta Develop an Adequate Record, Appellate Law 101. Castruita v. Guerrero, Case No. B246439 (2d Dist., Div. 7 Feb. 24, 2014) (unpublished) is a situation where a party moving for a temporary restraining order and permanent injunction against his uncle lost and was ordered to pay uncle’s counsel at the time $1,000 in
Prior Written Settlement Agreement Showed Intent to Reserve Fee Motion, But Dismissal Conduct “Trumped” Under Waiver Principles. This next one is, as the trial court observed, “one of those unfortunate life lessons” for a party reserving the option to move to recoup fees under a settlement agreement. What happened is that despite settlement
