The defense won but then was disappointed when the trial court denied “costs of proof” sanctions for proving matters that were denied by plaintiff in RFAs. So, defendant took the matter up on appeal, only to be disappointed yet again. In Alamo Group IX, LLC v. Tabaie, Case No. A133376 (1st Dist., […]
Deadlines/Prevailing Party On Appeal: More Specific Pre-Final Judgment Time Deadlines Prevail Over 40-Day Remittitur Rule Horak v. South Shores Development Corp., Case No. B238973 (2d Dist., Div. 2 Apr. 2, 2013) (unpublished) is a second-time appellate scrutiny for one plaintiff who obtained a partial appellate reversal in a mobilehome tenancy dispute. Eventually, she lost
Reductions Made for Excessive Hourly Rates, Reconstructed Time Records, and Vague Time Entries. In Lehr v. City of Sacramento, Case No. 2:07-cv-01565-MCE-GGH (E.D.Cal. Mar. 22, 2013 Memorandum and Order Partially Granting Plaintiffs’ Motion for Fees/Costs), Chief U.S. District Judge Morrison C. England, Jr. of the Eastern District of California ruled on a $1,805,000
Block Billing Also Discussed. A creditor was sued under a cross-complaint by a debtor under both the Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act (FDCPA). Debtor won a summary judgment motion on the FDCPA claim, on condition that she agree to a compensatory award of $1,
Marriage of Roval, Case No. H037577 (6th Dist. Mar. 28, 2013) (Unpublished) In this one, the attorney’s fees award was remanded because the family law judge based in on Family Code sections 2030/2032, which did apply, and also on Family Code section 3652, which did not apply. This required another look-see under sections
Failure to File a Motion to Compel Arbitration Was Fatal. Losers in Duke Kelso Constr. v. Silva, Case No. H036879 (6th Dist. Mar. 26, 2013) (unpublished) must have felt good about their chances on appeal under a broadly worded fees clause, where the winner litigated rather than pursued contractually-mandated arbitration. The problem was
Fifth District Sides With Johnson On Appellate Split in Thinking. McDaniel v. Asunsion, Case No. F064240 (5th Dist. Mar. 27, 2013) (published) is a situation where the Fifth District had to consider the issue of whether a joint offer made to multiple wrongful death plaintiffs was invalid under Code of Civil Procedure section
Code of Civil Procedure section 1038 is a specialized fee-shifting statute that allows a winning cross-defendant in an express/implied indemnity action to recover attorney’s fees if an indemnity action was not brought/maintained in good faith and without reasonable cause in a situation where the cross-defendant won a summary judgment. Cross-defendant in Salinas
Both Lower and Appellate Courts Sustained Arbitrator Denial of Statutory Costs. You gotta be careful who you choose as an arbitrator, because they can decide disputes based on equity and fairness (not just dry law) and their decisions are normally inscrutable at other levels. That reality sunk in for the arbitration winner
Here is an interesting one showing how an inadequate appellate record can be damning. It was apparent in Marriage of Castaneda, Case No. C067676 (3d Dist. Mar. 22, 2013) (unpublished) that the family law judge granted Family Code section 271 sanctions based not on the conduct mentioned in initial papers (failure to
