We Learn Something Everyday. The great thing about this blog is that we learn something everyday. One of our readers called in and, in the process of discussing an issue, he informed us that his research revealed that CCP § 998 offers are not operative in family law proceedings. In re […]
Lack of Authority to Support Reversal Argument Waived the Challenge. The next case, Sparks Property Investments, LLC v. Mission Career College, LLC, Case No. E051124 (4th Dist., Div. 2 Mar. 23, 2012) (unpublished), actually demonstrates a fundamental tenet of appellate practice that must be observed in order to even get a challenge to
Messy Arbitration Case With Assignment of Rights Means Trouble. Liner Grode et al. v. Rotondo, Case No. B22106 et al. (2d Dist., Div. 7 Mar. 22, 2012) (unpublished) was an appeal from a messy corporate governance/derivative arbitration in which no one clearly prevailed. However, the arbitrator–because equity can be used–did award fees to
O’Flynn v. BeyondChron, Case No. A131481 (1st Dist., Div. 2 Mar. 22, 2012) (Unpublished). In this one, plaintiff got SLAPPed by two defendants–a subsidiary newspaper and writer employed by parent Tenderloin–in a defamation and false light lawsuit. Defendants were then awarded attorney’s fees under the mandatory SLAPP fee-shifting statute of $21,326.18. Plaintiff appealed,
Substance Is King, Not Labels. Above: 15th century depiction of Cain and Abel. Wikipedia. We always have heard that substance, not labels, usually prevails in the law–or, for that matter, equity (even more so). The next case vindicates this general rule. In Adrian v. Adrian, Case No. D058877 (4th Dist., Div.
Honda Civic Hybrid Settlement. As reported by the AP in a March 16, 2012 story in The Washington Post, San Diego County Superior Court Judge Timothy Taylor approved a class action settlement by which Honda Civil hybrid owners will receive up to $200 each for fuel economy mishypes. The potential fly in the
Also, Prior Counsel Entitled to Receive $25,000 Holdback Based on His Attorney’s Lien. Henry Shain Professional Corp. v. Bergeron, Case No. A131328 (1st Dist., Div. 5 Mar. 20, 2012) (unpublished) is an interesting case illustrating how two attorneys–prior and successor counsels–did things right as far as perfecting attorney’s liens or drafting retainer agreement
It Was Irrelevant Winner Did Not Plead or Cite Civil Rights Statutes as Fee Entitlement Basis. Here is an interesting one for land use practitioners out there. In Ocean Avenue Associates, LLC v. City of Indio, Case No. E052522 (4th Dist., Div. 2 Mar. 19, 2012) (unpublished), property owners invalidated city ordinances
$35,000 Sanctions Award Against Client and Counsel Reversed. Marriage of Suther, Case No. E051292 (4th Dist., Div. 2 Mar. 19, 2012) (not for publication) involved a $35,000 joint sanctions award against client and attorney for trying to recuse a judge in a family matter. It was reversed on appeal because of procedural defects,
On March 16, 2012, Rossdale CLE hosted an attorney’s fees telephonic seminar of about about 2 1/2 hours, with presentations being made by three attorneys: Kent Rutter of Haynes and Boone, LLP (Houston, TX), Susan P. White of Manatt, Phelps & Phillips LLP (Los Angeles, CA); and co-contributor Mike Hensley. [Ms. White and
