Burn-Out Felt By Almost Half Of Survey Respondents. Based on a survey of law professionals (78% from law firms), Bloomberg has issued its Attorney Workload and Hourly Survey for the 1st and 2nd Quarters of 2023. Here is a summary of some findings which we found interesting: The average hours worked were 48 per […]
1.25 Multiplier On Merits Work Was Sustained On Appeal. Plaintiff non-profit in Yes In My Back Yard v. City of Culver City, Case No. B321477 (2d Dist., Div. 4 Oct. 27, 2023) (published) invalidated a Culver City ordinance reducing the intensity of land use as being violative of California’s housing shortage dictates. Then, the
But Appellate Court Has Harsh Word For Appellant’s Counsel On It Attempting To Argue The Merits Of A Nonappealable Discovery Ruling. In Tedesco v. White, Case No. G061197 (4th Dist., Div. 3 Oct. 27, 2023) (published), a tedious conservatorship battle, appellant appealed a $6,000 sanctions award against litigant and their counsel, jointly and severally,
Mobile Home Park Owner Entitled To Prevailing Party Fee Recovery For Obtaining Free And Clear Ownership After A Public Sale Of An Abandoned Lot Where Lease Fees Were Owed. In this post, we summarize two lengthy fees/costs decisions arising under Civil Code section 798.85, the fees/costs shifting provision of the Mobilehome Residency Law (MRL).
Dissenting Circuit Judge Would Have Awarded Defendants Fees Because DOL’s Case Was Not Substantially Justified When Viewed Under An Objective Standard. The Equal Access to Justice Act (EAJA) was enacted to curb abusive and costly lawsuits involving the federal government, authorizing a prevailing party to seek attorney’s fees and costs from a federal agency
Message Is That Incivility Can Lead To A Negative Multiplier To A Fees Request, On Top Of Other Reductions. On October 3, 2023, we posted on Snoeck v. ExakTime Innovations, Case No. B321566 (2d Dist., Div. 3 Oct. 2, 2023 unpublished), but it was certified for publication on October 25, 2023. The main lesson
Appellate Court Disagrees That An Investigation Has To Be Wholly Arbitrary Or Capricious For Section 800 Purposes. In Doe v. Atkinson, Case No. A166145 (1st Dist., Div. 1 Oct. 19, 2023) (published), a lower court in an administrative writ proceeding overturned the one-year suspension of a UC Davis junior for violating sexual harassment principles,
Appellate Court Found That The Entire SLAPP Motion Should Be Granted And The Defense Awarded Fees, Not Having To Resolve The Split Between Coltrain and Liu. On October 2, 2023, we posted on Ross v. Seyfarth Shaw LLP, Case No. B312337 (2d Dist., Div. 8 Oct. 20, 2023) (published), unpublished at the time but
It Is Appealable From A Final Judgment, Although There Is A Split In DCA Thinking On The Issue. In Arteaga v. California Restaurants, Inc., Case No. D082258 (4th Dist., Div. 1 Oct. 17, 2023) (unpublished), plaintiff filed a CCP § 128.7 sanctions motion which was denied in a class action case, prompting an appeal.
Playing Cute With Business Records Admissibility Issues Might Lead To RFA Sanctions. In Vargas v. Gallizzi, Case No. B317540 (2d Dist., Div. 7 Oct. 13, 2023) (published), personal injury plaintiffs prevailed against defendant but only obtained jury verdicts amounting to $30,000 based on a prior appeal and subsequent jury verdict. But that then led
