Also, Mediation and Other Routine Costs Were Justified. Landlord won damages, attorney’s fees, and routine costs against lease assignees in Town Square Properties v. Mansouri, Case No. B236871 (2d Dist., Div. 5 July 15, 2013) (unpublished). The fee award alone was $167,407.55 in favor of landlord, as well as routine costs for mediation […]
Flonase Class Action Counsel Win $50 Million In Fees, District Judge Selna Puts Hold On Fee Award To Toyota Unintended Acceleration Class Action Attorneys, N.Y. Bankruptcy Judge Approves $17 Million In Fees to Dewey & Lebouef’s Chapter 11 Attorneys, DOJ Approves New Larger Chapter 11 Bankruptcy Fee Guidelines, N.Y. Federal Judge Awards $40.7 Million to
If Second Retainer Agreement Signed By Client, Attorneys Lien Did Exist. Majlessi v. Parman, Case No. B241063 (2d Dist., Div. 3 July 12, 2013) (unpublished) is a case where the lower court granted summary judgment across the board when a discharged personal injury attorney sued successor attorneys to honor an attorneys’ lien in
We would like to thank Martha Neil and Molly McDonough for some interesting posts on The ABA Journal’s online publication during July 9-11, 2013. Virginia Lawyer Fee Sanction Payment. A Virginia attorney, facing ethics violations, paid his $544,000 share of a $722,000 legal fee award for advice relating to deactivation of Facebook
Also, Plaintiff Cannot Receive Trial Expenses As Costs Based on Being Awarded Costs on Appeal from An Earlier Appeal. Plaintiff property owner, in a prior published decision, obtained a trial court judgment affirmed on appeal in connection with a determination that the Nevada County Assessment Appeals Board failed to apply the correct burden
Also, Plaintiff Only Obtained a “Mixed” Win Rather Than An “Unqualified” One. In Chan v. Lo, Case No. B239783 (2d Dist., Div. 5 July 9, 2013) (unpublished), plaintiff obtained some relief (with the court determining she owed less than the face amount of a promissory note), but still was found to owe note
Subsequent Judgment Was Not Materially Substantial So As To Trigger New Appeal Time Commencement. Darden Painting, Inc. v. Glass Architects, Case No. A132846 (1st Dist., Div. 2 July 9, 2013) (unpublished) is a case where a litigant challenging certain costs ruling was pretty much shut out on procedural grounds–failure to timely appeal. What
Improper Negligence Theory Warranted Sanctions For Denial Of One RFA. The appellate court in Sasser v. Allstate Ins. Co., Case Nos. A131906 et al. (1st Dist., Div. 2 July 8, 2013) (unpublished) affirmed a lower court’s decision to impose $25,000 in “costs of proof” sanctions for a plaintiff’s denial of one RFA after
Second District, Division 5 Follows Puerta. Although not involving attorney’s fees, we report that the Second District, Division 5 in Boeken v. Philip Morris USA Inc., Case No. B236875 (2d Dist., Div. 5 July 9, 2013) (partially published) did follow Puerta v. Torres, 195 Cal.App.4th 1267, 1272 (2011), a Fourth District, Division 3
Additional Costs Awards for Experts and Trial Technology Also Sustained. In Bender v. County of Los Angeles, Case No. B236294 (2d Dist., Div. 8 July 9, 2013) (published), plaintiff won an excessive police force Bane Act suit, with the Bane Act containing a fee-shifting clause. The lower court also awarded $989,258 to plaintiff
