N.J. District Judge Awards Firm $2.3 Million In Fees In Eating Disorder Insurance Coverage Case. The National Association of Legal Fee Analysis (NALFA), which has an excellent blog website, has reported on some recent class action fee recoveries. The first one is an eating disorder insurance coverage class action. A New Jersey […]
Saucedo Case Found to Support Fee Recovery. Saucedo v. Mercury Sav. & Loan Assn., 111 Cal.App.3d 309, 315 (1980) is an interesting section 1717 decision where plaintiffs (nonassuming grantees) of a property subject to a note/trust deed beat the lender under loan documents with a fees clause. Plaintiffs were allowed fee recovery because,
Plaintiff Failed to Properly Present His Estoppel Theory For Factual Exploration By the Trial Court; Appealability Issue Did Not Impact Appeal, But Waiver Did. Plaintiff, who suffered an adverse SLAPP fee recovery of $12,633, might have had a chance on appeal on an estoppel theory. However, the problem is that he did not
Public Hearings Remand Was a Limited One, At Best; Attorney/Paralegal Work Stricken From Cost Award In County’s Favor. A nonprofit organization out to save blue oak woodlands from the consequences of a development appealed a denial of a requested fee recovery under CCP § 1021.5 after they won a limited public hearings remand
Parameters of “Discrete Win” Doctrine Probed, With Interim Wins On Petitions To Compel Arbitration Not Determining Eventual Winner Unless Discrete Proceeding Ended Matter. Frog Creek Partners, LLC v. Brown, Case No. A129651 (1st Dist., Div. 5 May 24, 2012) (certified for publication) is a scholarly opinion considering, in a two party-one contract context
Mother’s Failure to Provide Detailed Financial Picture Ended Her Appellate Quest. Mother in Dorbie v. Fales, Case No. D059338 (4th Dist., Div. 1 May 24, 2012) (unpublished) challenged a Family Code section 271 $10,000 sanctions award on the basis she simply could not afford it. Unfortunately for her, the appellate court rejected
In Kansaku v. City of Hermosa Beach, Case No. B230611 (2d Dist., Div. 1 May 24, 2012) (unpublished), a non-prevailing party claimed that his motion to tax costs was erroneously denied on the ground it was untimely. Above: Young women surfing at Hermosa Beach. 1920-1950. Library of Congress. Nope, not under
Puerta Governs, Not Dependent on Whether Party is Represented Or Not, and Does Impact Substantial Rights of Party Claiming Offer Was Invalid. The defendant in Perez v. Torres, Case No. F061214 (5th Dist. May 24, 2012) (certified for publication) must have been kicking himself. He made a “successful” CCP § 998 offer that
Court Rejects Suggestion That Fee Award and Sanction Cannot Be Made Against an Unemployed Person As “An Obviously Dangerous Rule” After a family law judge found that a marriage nullification petition by wife was “not that close,” he ordered $5,000 in fees to be paid to husband under Family Code section 2255 (successfully defending
Discretionary Call on Prevailing Party Was Given Deference. Wertheim, LLC v. Currency Corp., Case No. B218547 (2d Dist., Div. 1 May 22, 2012) (unpublished) was a loan dispute donnybrook with some wild assignment issues and the prevailing party basically winning the argument that lender charged more in interest and fees than was permitted
