Given Compensatory Award Was Close to Unlimited Jurisdiction Limit, Fee Award Was No Abuse of Discretion. In California state courts, an unlimited civil case involves a matter in which the amount in controversy exceeds $25,000, exclusive of fees and costs in most instances. (Code Civ. Proc., §§ 86(a), 88.) However, a trial judge […]
Party Requesting Fees Would Not Have Faced Exposure to Successor Lender Under Document Fee Clauses. In the Civil Code section 1717 context, especially involving non-signatories, alter egos, successor or joint venturers, a crucial inquiry for recovery is whether this class of litigants would have faced fee exposure under a fees clause to the
Said It Before, Will Say It Again … Separately Appeal, Separately Appeal. Acting Presiding Justice Rylaarsdam, on behalf of a 3-0 panel, in Nellie Gail Ranch Owners Assn. v. Colombo, Case No G047064 (4th Dist., Div. 3 Dec. 3, 2013) (unpublished), reinforced a message we have said a lot during our blog–separately appeal
Appellate Court Deferred to Trial Court. In a very frequent occurrence, the appellate court in Brown v. Evpak, Case No. C069590 (3d Dist. Dec. 3, 2013) (unpublished) did what we have seen in the past with respect to these types of disputes. After affirming a case with a civil harassment fee-shifting statute, it
District Court Also Denied Plaintiff’s Requests for Sanctions After Defendant Withdrew Rule 11 Motion After Grant of Voluntary Dismissal; Reasons For Both — No Prevailing Party. The Clean Water Act, 33 U.S.C. § 1365, allows citizen suits and has a fee-shifting clause which allows a district court, in its discretion, to award litigation
Fourth District, Division One So Rules In Unpublished Decision. In Marriage of Breen, Case No. D062502 (4th Dist., Div. 1 Dec. 2, 2013) (unpublished), the appellate court affirmed a family law judge’s setting of spousal support for ex-wife and awarding needs-based fees to her also. On appeal, husband argued that the lower court
However, Appellate Court Found Small “Fees on Fees” Award To Be Abuse of Discretion. In a third round of appeals, P&D Consultants, Inc. v. City of Oakland, Case No. D060760 (4th Dist., Div. 1 Nov. 27, 2013) (unpublished), the appellate court considered whether the trial judge properly fixed attorneys’ fees under California’s prompt
Accuses SEC of Telling “Lie After Lie.” In a recent Washington Post article, Mark Cuban–owner of the Dallas Mavericks, owner of Landmark Theaters, and a regular on the “Shark Tank” TV show–won a jury trial against the SEC, which had claimed Mr. Cuban ordered the sale of his holdings in Mamma.com after he
Husband’s Appeal Was Frivolous, With Lower Court To Determine Fees On Remand. Marriage of S., Case No. G047517 (4th Dist., Div. 3 Nov. 26, 2013) (unpublished) is a case where an ex-husband unsuccessfully appealed a family judge order that each side bears his/her own fees/costs. The record certainly supported the denial on a
His Comments Indicated the Case Needed To Be Settled, More About Fees Than the Merits. Vasquez v. Superior Court, Case No. G048890 (4th Dist., Div. 3 Nov. 26, 2013) (unpublished) is a case where the appellate court granted disqualification of a judge from presiding over a lemon law case. The reason? Among other
