Author name: Marc Alexander

Settlement: Trial Court Correctly Determined That Releases In Certain Real Estate Purchase Addenda Did Not Release Attorney Fee Exposure Claim Stemming From Earlier Purchase Agreement

Cases: Settlement

  Two Releases Much Narrower in Scope; Broader Release Could Not Be Interpreted to Encompass Fee Order Emanating From Earlier Purchase Agreement.      Scope of releases and timing is everything, as the next case–Barnard Enterprises, Inc. v. American Home Mortgage Servicing, Inc., Case No. B246070 (2d Dist., Div. 2 Nov. 25, 2013) (unpublished)–demonstrates.      There, […]

Deadlines: Where Appellate Remittitur Required Entry of New Judgment, 60-Day Appellate Time Period, Not 40-Day Deadline, Applied

Cases: Deadlines

  Legally Erroneous to Deny Fee Request on Untimeliness Ground.      In Golden Hill Neighborhood Assn., Inc. v. City of San Diego, Case No. D062203 (4th Dist., Div. 1 Nov. 25, 2013) (unpublished), a trial court entered a new judgment following issuance of an earlier appellate remittitur. The lower court then denied the Association’s prevailing

Family Law: Appellate Court Sustains Family Law Judge’s Refusal To Award Ex-Wife Fees For Appellate Work Under Needs-Based Statute In Battle Between Two Practicing Attorney Ex-Spouses

Cases: Family Law

  Opinion Has An Excellent Discussion of Needs-Based Analysis for Appellate Work, Which Has A Few Wrinkles From the Analysis for Trial Level Work.      Wrinkles. Shar Pei.  Wikipedia.      Presiding Justice O’Leary, on behalf of a 3-0 panel sitting in our local Santa Ana appellate court, has authored a highly informative opinion on the

In The News . . . . City of Costa Mesa Will Not Reimburse Police Union For Legal Fees In Righeimer/Mensinger Lawsuit Against Police Association, Its Former Law Firm, And Private Investigator

In The News

       Quite a bit of press and public fallout has happened so as to result in Costa Mayor Jim Righeimer and Councilman Steve Mensinger suing the Costa Mesa Police Officers’ Association, its former law firm Lackie, Dammeier, McGill & Ethir, and private investigator Chris Lanzillo in August 2013 after Mr. Lanzillo followed Mr. Righeimer

Employment/Reasonableness Of Fees: Wage/Hour Winning Plaintiff Getting $33,180 Fee Award For $11,700 Damages Judgment Affirmed On Appeal

Cases: Employment, Cases: Reasonableness of Fees

  Judgment Roll Limited Appeal; Trial Court Found Apportionment Not Needed, And Defendant Did Not Identify Fee Entitlement Basis for Winning $10 Business Defamation Award.      This next case, in our view, can well encapsulate many results we have seen over the years on fee disputes. One party wins a small damages award under a

Probate/Sanctions: Trust Beneficiary Hit With $105,300 In Attorneys Fees And Costs To Trustee And Guardian Ad Litem Under CCP § 128.5 Does Not Get Relief On Appeal

Cases: Probate, Cases: Sanctions

  Probate Court Equitable Powers Prevail.      Estate of Sprott, Case No. B237989 (2d Dist., Div. 1 Nov. 22, 2013) (unpublished) is a case where a trust beneficiary of a modest trust estate of around $300,000 rang up over $100,000 in fees on bringing lots of motions which did not prevail. Ultimately, he was hit

Family Law/Sanctions: $43,000 Sanctions Reversed Against Attorney For Violating California State Bar Rules Of Professional Conduct Through Hiring An Ineligible Co-counsel In Family Law Proceeding

Cases: Family Law, Cases: Sanctions

  Basis for Sanction–CRC 2.30(b)–Is Not Well-Founded.      A family law attorney, in Marriage of Bianco, Case No. D062061 (4th Dist., Div. 1 Nov. 22, 2013) (published), was sanctioned $43,000, after a mistrial in a family law matter, because her co-counsel was ineligible to practice law, which might well have constituted a violation of the

Class Actions/In The News . . . . Chief Judge Kozinski And Wife Object To Proposed Settlement In Nissan Leaf Class Action

Cases: Class Actions, In The News

  Objection Centers on Plaintiffs’ Counsel Allegedly Selling Out For Fees.      As reported both in The Daily Journal and ABA Journal (on-line version), Chief Judge Alex Kozinski, chief judge of the Ninth Circuit Curt of Appeals, and his wife, Marcy Tiffany, filed objections to a proposed settlement in a class action alleging defects in

POOF!/Retainer Agreements: Although Attorney’s Retainers Had Unlawful Provisions, Attorney Did Not Seek To Enforce Them, With Disgorgement Of Previously Paid Fees Reversed

Cases: POOF!, Cases: Retainer Agreements

  Appellate Court Also Reversed and Remanded Fee Award Against Attorney in Light of Disgorgement Reversal.      This next case, Fleischman v. Stanton, Case No. B216898 (2d Dist., Div. 8 Nov. 19, 2013) (unpublished), is a wild one involving an ex-attorney whose retainer agreement was voided as well as having the trial judge ordering him

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