Creative Argument Okay, But Better Not Base Appeal on Rejected/Sanctioned Argument In Another Case That Was Affirmed On Appeal. We can only guess that some practitioners believe that appellate courts will not thoroughly research a matter or miss something along the way. Not likely, as this next opinion shows. In this one, […]
On April 19, 2012, the Los Angeles Times had some interesting data compilations showing the annual totals, percentage of city operating/redevelopment budgets, and per capita spending on city attorneys for the 2005-2010 budgets. Los Angeles was the winner in spending: about $133 million per year spent on the City Attorney, but this
“Each Side Bear Own Costs” Appellate Directive Did Not Bar Later Fee Request. Tenzera, Inc. v. Osterman, Case No. B228189 (2d Dist., Div. 3 Apr. 19, 2012) (partially published; fee discussion not published) presented a situation where, after remand from a prior appellate opinion in the same case, a trial court denied attorney’s
The Second District, Division 1, in GE CCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings, LLC, Case No. B229879 (2d Dist., Div. 1 Mar. 29, 2012) (certified for publication), reversed a $42.2 million award in favor of a guaranty holder, finding a guaranty “bad boy” provision was not triggered when
Homeowner Had to Pay Fees of About $35,000, But Appellate Court Had To Face An Olio Of Civil Code Section 1354 “Prevailing Party” And Stay/Preliminary Injunction Bond Issues. Okay, here we go with another homeowners association (HOA)-homeowners fight that, ta! da!, produced an ultimate fight over who was owed attorney’s fees and costs.
Appellate Court Also Discusses Timing of Fee Petition As It Relates To Conservatorship Final Accountings Under Local S.F. Court Rule. Conservatorship of Xie, Case No. A133079 (1st Dist., Div. 3 Apr. 17, 2012) (unpublished) was a situation where the appellate court affirmed a trial court’s 40% reduction of fees and costs claimed from
TyMetrix Legal Analytics-Corporate Executive Board Recent Study So Shows. As reported in an April 16, 2012 post by Leigh Jones on Thomson Reuters News & Insight, a recent study analyzing billing data from about 120,000 attorneys (at 4,000 law firms) found that overall rates have increased by more than 4% since 2009, compared
Rivas v. Altawood, Inc., Case No. E049597 (4th Dist., Div. 2 Apr. 18, 2012) (unpublished). In this one, while the matter was on appeal, the trial court vacated an attorney’s fees award. However, a mix up occurred and a subsequent writ of execution was issued based on the fees award. The appellate court
Dismissal for Failure to Prosecute Did Make Defendant the Prevailing Party. In Halamandaris v. Sephos, Case No. C065819 (3d Dist. Apr 18, 2012) (unpublished), plaintiff’s action for the various claims described in our heading above was dismissed for failure to prosecute. The backdrop for all claims was a promissory note with a fees
Lack of Court or Judicial Proceedings Was Dispositive. Ms. Thornton, near the end of her term as a Board member of the California Unemployment Insurance Appeals Board, was appointed as an ALJ for the Board, a hire that was subsequently investigated by the State Auditor and Sacramento District Attorney’s Office for potential Government
