Gifts, Thank You Notes, Flowers, and Concert Tickets No Substitute For Ms. Love’s Monetary Payments. Recent posts at TMZ and Rolling Stone tell us that Courtney Love is being sued in Los Angeles by Keith A. Fink & Associates for $466,029.41 in unpaid legal fees for 10 months of intensive work in 2009. […]
Defense Set Up Bad Faith By Sending Litigation Communicative Warnings to Loser Which Showed Claim Was Stale. We have discussed Civil Code section 3426.4 several times. This provision allows a court to discretionarily award reasonable attorney’s fees and costs to a prevailing party where a claim of trade secret misappropriation was made in
CCP § 996.480(a)(2) So Mandates. In Jovanovic v. Abel, Case No. A131578 (1st Dist., Div. 4 June 27, 2012) (unpublished), plaintiffs successfully obtained a preliminary injunction to stop a foreclosure of a multi-unit condominium project by some hard money lenders/investors, but had to post a $90,000 injunction bond as a condition of the
Bus. & Prof. Code Section 6148 Did Not Compel Different Result. The First District, Division 2 in Estate of Wong, Case No. A132295 (1st Dist., Div. 2 June 27, 2012) (published) decided that attorneys were not foreclosed from obtaining a court award for fees from a probate estate for performing ordinary services under
Third District Would Not Elevate Form Over Substance. We don’t have that many times to do blogs on fee issues for school districts and tenured teachers. Well, here is one for you both. In Boliou v. Stockton Unified School Dist., Case No. C068266 (3d Dist. June 25, 2012) (published), the school district
Slander of Title Work Needs to be Apportioned Out; No Fees For Appellate Work. Defendant in Johnson v. Grayson, Case No. G044975 (4th Dist., Div. 3 June 22, 2012) (unpublished) lost a quiet title case (also having a slander of title claim), but appealed a $330,000 adverse fee award grounded on the tort
Wow–Fee Entitlement Can Be Had, If You Are Tenacious And Can Get to the Right Independent Basis! The Fifth District’s decision in Pierce v. Western Surety Co., Case No. F062096 (5th Dist. June 22, 2012) (published) goes to show you that the fee entitlement race sometimes goes to the tenacious. All you need
Litigation Expenses Cannot Be Claimed As Fees Under Section 1021.6. Zollars v. Kahan, Case No. A130332 (1st Dist., Div. 4 June 21, 2012) (unpublished) involved an owner who successfully sued a foreclosure sale trustee for failure to serve foreclosure documents on junior lienholders. Owner did recover attorney’s fees from foreclosure trustee under Code
Also, Appeal of 1987.2 Sanctions Is a Collateral Order Subject to Review. In the sanctions area, we have had several posts indicating that due process can result in a reversal of a sanctions award under the right circumstances. Those circumstances did exist in Scholz v. Boston Herald, Inc. (Miller, Kaplan, Arase & Co.),
Ninth Circuit Would Not Award Fees As a Sanctions, But Does Hold Attorney Liable for Costs. The Ninth Circuit in The Save the Peaks Coalition v. U.S. Forest Service, Case No. 10-17896 (9th Cir. June 21, 2012) (published) found that plaintiffs’ counsel had multiplied the proceedings unreasonably and vexatiously under 28 U.S.C. §
