Opposite Side Did Not Raise Lack of Capacity by Answer or Demurrer, So No Dice On Sanctions. In V & P Trading Co., Inc. v. United Charter, LLC, Case No. C070571 (3d Dist. Dec. 19, 2012) (published), the trial court denied a motion to compel by a suspended corporation and awarded monetary sanctions […]
In Fogh v. Los Angeles Film Schools, Case No. B230520 (2d Dist., Div. 2 Dec. 18, 2012) (unpublished), a plaintiff determined to be an administratively exempt employee did obtain a $13,972 compensatory unpaid overtime award. But, wait, the employee was then awarded postjudgment fees of $96,800 against defendant, provoking an appeal. The
Discovery, Mediation, and RFA Sanctions Denied. Hi, folks. Although we are in the Holidays (busy at that), we do like to report on decisions that have issues of recurring interest to California litigators. The next one should be a case that peaks such an interest and provides resonant lessons to us all —
Case Pitted Unruh Act State Provisions Against Federal ADA Fee-Shifting Provisions–State’s Rights Prevailed On This One. Jankey v. Lee, Case No. S180890 (Cal. Sup. Ct. Dec. 17, 2012) (published) is a case pitting a bilateral attorney’s fees provision to prevailing parties under the state Unruh Act (Civ. Code, § 55) against a federal
At Least One Circuit Judge Thinks Denial Was Erroneous. In Higher Taste v. City of Tacoma, Case No. C10-5252BHS (W.D. Wash. Doc. 54 filed 11/22/11), U.S. District Judge Benjamin H. Settle denied a nonprofit plaintiff’s request for attorney’s fees under the civil rights statute (42 U.S.C. § 1988(b)) after nonprofit obtained a preliminary
Plaintiffs lost their medical malpractice/loss of consortium case against several defendants, and were then hit with about $80,000 in expert witness fees as costs because they did not beat defendants’ CCP § 998 offers. They argued principally on appeal, in Petrou v. Trites, Case No. B226747 (2d Dist., Div. 4 Dec. 13, 2012)
$145,000 Minimum in Requested Fees Denied in Entirety. Although the result in this case may seem harsh, it does underscore the need to provide adequate substantiation in support of a fee request. Failure to provide sufficient lodestar information may mean you could well whiff out at the plate, as the party did in
In re Insurance Installment Fees Case, Case No. D057138 (4th Dist., Div. 1 Dec. 13, 2012) (published) is a situation where defendant appealed class action plaintiffs’ successful motion to tax costs of $713,463.72 that defendant sought to shift to plaintiffs. The costs were those for sending notices to insurance policyholders about discovery of personal
Trust Instrument Trumped General Equitable Probate Code Sections. In Thorpe v. Reed, Case No. H037330 (6th Dist. Dec. 13, 2012) (published), plaintiff was a successor trustee under a trust instrument prohibiting compensation to a successor trustee. Plaintiff sought to recover $108,771.17 from the estate for trustee and trustee’s attorney’s fees. The court awarded
Nominal Defendant Made a General Appearance, So Defendant Prevailed. An in pro per plaintiff losing a suit against certain contractors and a “nominal defendant” (a development association set up to maintain roads throughout the private development) was obviously unhappy that a lower court awarded $1,121 in costs against him and in favor of
