Husband’s Use of Entities to Hide Assets, As Found By Lower Court, Also Supported Order. In Marriage of Saadian, Case No. B227708 (2d Dist., Div. 1 Jan. 2, 2014) (unpublished), ex-wife obtained an order by which ex-husband—who had monthly cash flow over $62,400 (yep, you heard right)—had to pay her $1 million for […]
Well, we are closing out a year, but our intermediate California Courts of Appeal are still busy. Here are two from the Second District, Division 6. Smith v. Vista Grande, Inc., Case No. B242332 (2d Dist., Div. 6 Dec. 31, 2013) (Unpublished) – Homeowners Association. Lighting hot water heater in house at
However, Prevailing Party Did Get Routine, Non-Fee Costs Based on Waiver/Inadequate Record on Appeal. In Yamtob v. Alon, Case No. B247453 (2d Dist., Div. 5 Dec. 31, 2013) (unpublished), plaintiff lost a dispute to defendant/cross-complainant, who certainly obtained a net recovery judgment against plaintiff arising out of a diamond transaction. (Fitting over the
Appeals Court Affirms Denial of Sanctions But Remands for Cost-Shifting in Favor of Non-Party in FRCP 45 Subpoena Dispute. The Ninth Circuit has ended the year with a “bang” as far as clarifying non-party appeal rights and the circumstances under which subpoena compliance cost shifting is mandatory under F.R.Civ.P. 45. The opinion
However, Attorney’s Fees Award Was Premature Until Judgment or Settlement Obtained Under Inverse Condemnation Fee-Shifting Provision. In an earlier appeal, Plaintiffs had obtained a reversal of a defense summary judgment in an inverse condemnation case, with the appellate court directing that the lower court consider a request for fees under Code of Civil
Failure to Appeal November 2011 Order Was Fatal to Appellate Reconsideration. Conservatee’s mother in Conservatorship of Gregory D., Case No. B245533 (2d Dist., Div. 3 Dec. 30, 2013) (unpublished) was ordered to pay one-half of the attorney’s fees of conservators’ counsel. She appealed, arguing that compensation for the attorney could only be charged
Yearly Roundup: Mike and Marc’s Top-20 Plus Decisions in 2013 Roundup for tourists. Fort Worth, Texas. Carol M. Highsmith Collection. Library of Congress. 2012. Library of Congress. Part 2 of 2 – M & M’s Top 2013 Fee/Costs Decisions. Here is the remainder of our top 2013 fee/costs decisions. However, if something comes
Yearly Roundup: Mike & Marc’s Top 20-Plus Decisions In 2013 Roundup for tourists. Fort Worth, Texas. Carol M. Highsmith Collection. Library of Congress. 2012. Library of Congress. Part 1 of 2 – M & M’s Top 2013 Fee/Costs Decisions. It is that time of year where we provide our top fee/costs published decisions (with
Work on $54,771.25 Fee Award Was Interrelated Under Automobile Sales Finance Act and Consumer Legal Remedies Act Claims. Many consumer statutes allow for fee recovery to the prevailing party, such as the Automobile Sales Finance Act (ASFA, Civ. Code,, § 2983.4). Others allow for fee recovery, even against the consumer but only if
An ABA Journal on-line article reports that law school enrollments are down 11% from last year and 24% down from 2010. About two-thirds of ABA-accredited law schools (135) experienced declines in first-year enrollments this year as compared to Fall 2012. Hendrie Hall, Yale Law School, 1900 – 1915. Library of Congress.
