Author name: Marc Alexander

Off Topic: 2010 California Judicial Council Report On 2009-2010 Fiscal Year Statistics And 10-Year Trends Now Available For Reading

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  Overall, Shows a Slowdown In Things, Consonant with the Economy.      The California Judicial Council has issued its “Statewide Caseload Trends: 2001-2001 through 2009-2010,” a comprehensive report that tracks 2009-2010 fiscal year (FY) statistics as well as 10-year trends.      Here is what we found interesting from the 2009-2010 statistics: *The California Supreme Court […]

In The News . . . . Self-Defense Insurance Available For Criminal/Civil Cases Involving Guns, Costa Mesa Has Spent Over $457,000 On Marijuana Dispensary Lawsuits, And Napa County Judge Denies $1.3 Million Private Attorney General Fee Request In A Water La

In The News

  USCCA Has Gun Self-Defense Insurance.      Since the right to bear arms has seemingly gotten more constitutional/political oomph lately, we saw an interesting report that United Stated Concealed Carry Association (USCCA), an organization devoted to armed citizens who have decided to conceal and carry guns, has created a unique concealed carry insurance-backed membership benefit.

Costs/Section 998: Second District, Division 1 Issues Important Opinion On Reimbursement of PowerPoint Argument Presentations And CCP § 998 Cost-Shifting Where Plaintiff Presents Successive 998 Offers

Cases: Costs, Cases: Section 998

  PowerPoint Argument Presentations No Go; Videotaped Depositions A Go Under the Right Facts; And “Bright Line” Rule Offered On Cost Reimbursement Where Plaintiff Makes Successive 998 Offers.      As you can probably tell from our topical headlines above, the Second District, Division 1 issued an important routine costs/CCP § 998 cost-shifting opinion in Martinez

Prevailing Party/Section 1717: Parties Not Prevailing On Dueling Contractual Claims Also Not Entitled To Contractual Fee Recovery

Cases: Prevailing Party, Cases: Section 1717

  No One Got A Clear Win, So Go Your Own Way, Says Appellate Court in Much More Eloquent Fashion.      Under Civil Code section 1717, ya gotta prevail–and that is a pragmatic determination, which means ya gotta be a clear winner (not just a contender). In the next case, both plaintiff and cross-complainant did

Substantiation Of Fees: Incomprehensibly Redacted Billing Statements Led to Reversal/Remand Of Fee Award

Cases: Substantiation of Reasonableness of Fees

  10% Reduction for Improper Redaction Was Not Enough to Compensate for Deficient Fee Substantiation.      This is an interesting decision on the substantiation of fees area, which again has us reminding practitioners to be careful to not over “redact” fee billings placed before the trial court. (For some helpful past insight, see our prior

Private Attorney General: Medical Marijuana Patient Winning Published Writ Proceeding Entitled To Fee Recovery Against Butte County

Cases: Private Attorney General (CCP 1021.5)

  We Figure That $150,000 Fee Award Was Affirmed On Appeal.      In Williams v. Butte County, Case No. C066234 (3d Dist. Feb. 8, 2012) (unpublished), plaintiff–a qualified medical marijuana patient–formed a collective of medical marijuana patients but had to destroy a lot of plants when a sheriff ordered them to do so without a

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