Debra Cassens Weiss, in two posts of December 17, 2012 in the ABA Journal, shares two interesting year end developments. First, The National Law Journal year-end survey is out and shows that $1,285/hour is the highest billing rate for a real estate investment trust partner in a Dallas firm. The lowest rate […]
Plaintiff Received Minimal Security Deposit Award/Defendant Received One-Tenth Of Request–Result: No Unqualified Win. During this month of December 2012, we have seen a “swell” in intermediate appellate cases deciding whether a party prevailed for purposes of recovering fees under Civil Code section 1717 (applicable to contractual fee clauses). Here is another one to
Marriage of Dawes & West-Dawes, Case No. H037291 (6th Dist. Dec. 21, 2012) (unpublished) involved a dissolution proceeding for a 17 year marriage producing 3 kids. The wife had the much more meager income, with the court saying the husband produced 87% of the parties’ combined incomes. However, wife apparently received possibly up
Although we have presaged this crescendo in lengthy litigation between well-known novelist Clive Cussler (who has written novels featuring Dirk Pitt) and film producer Crusader Entertainment in prior September 9, 2010, and February 13, 2011 posts, the denouement apparently has arrived as far as fee/costs recovery in Cussler v. Crusader Entertainment, LLC, Case
After All, Trial Court Did Cut Down $1.13 Million Lodestar Request and Multiplier Enhancement Request. Civil Code section 51.7 provides that Californians have a right to be free from any violence or intimidation by threat of violence committed against their persons because of specific characteristics, including sexual harassment. Under Civil Code section 52(b)(2),
Result Sustained Although Plaintiff Did Not Beat 998 Offer Based on Cross-Complaint Offset, Because Cross-Complaint Had Not Yet Been Filed. Atlas Constr. Supply v. American General Constructors, Case No. B232368 (2d Dist., Div. 3 Dec. 19, 2012) (unpublished) is an interesting decision showing how a plaintiff can beat out a defense claim of
Trial Court Did Not Abuse Its Discretion In Awarding All Requested Fees But 10 Hours On Unsuccessful Matters. Homeowners association, in this one, must have felt the sting of statutory fee-shifting provisions which allowed the property owners to recover $112,665 in fees based on winning a dispute over the correct interpretation of CC&Rs.
Frivolity Finding Not Required. In Parker v. Harbert, Case No. A134060 (1st Dist., Div. 5 Dec. 19, 2012) (unpublished), husband, a prisoner at some times during the germane time, appealed a $92,000 atttorney’s fees/costs award (out of a requested $121,113.90) awarded to ex-wife under Family Code section 271. Husband initiated a lengthy contempt
Copies of Exhibits Not Used at Trial Were Legitimate Given Defense Admitted Liability Close To Trial. Plaintiff, in Grigsby v. Regents of the Univ. of Calif., Case No. B233430 (2d Dist., Div. 6 Dec. 19, 2012) (unpublished), won a $355,000 jury award in a premises liability case after he fractured a kneecap during
Equity Can Play a Role In These Disputes, Rules Fourth District, Division 3. Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler, Case No. G045872 (4th Dist., Div. 2 Dec. 19, 2012) (published) goes to show you that equity does interplay with ethical fee-sharing restrictions. Here, the Fourth District, Division 3, in a
