Author name: Marc Alexander

Indemnity: Labor Code § 2802 Does Not Require An Employer To Reimburse Employee For Attorney’s Fees In Successfully Defensing Employer Claims

Cases: Employment, Cases: Indemnity

  Court of Appeal Also Determines Corporations Code section 317 Mandatory Indemnification Provisions Do Not Apply to LLCs.      Justice Ikola, in a 3-0 decision of our local Fourth District, Division 3, made two important determinations on its behalf in Nicholas Laboratories, LLC v. Chen, Case No. G044105 (4th Dist., Div. 3 Oct. 12, 2011) […]

In The News . . . . Winklevoss Twins Lose Malpractice Claim Against Quinn Emanuel And Bill Lerach Made Up To $70 Million In Enron Case

In The News

  Quinn Emanuel Entitled to $13 Million Contingency Fee For Settlement With Facebook.      Ever seen the film “The Social Network”? It deals with the dispute between the Winklevoss twins and social-media giant Facebook. Quinn Emanuel Urquhart & Sullivan, a well-known Los Angeles trial firm, helped the twins reach a $65 million settlement in a

In The News . . . . Various Articles Talk About Attorney Pay, Per Partner Compensation, Use Of Alternative Fee Arrangements, And Use Of Contract Attorneys.

In The News

     We thank co-contributor Mike’s father-in-law Tom Basehart for sending him a folder of articles to review for possible inclusion as a posting in the blog. He was right to send these articles, because they share valuable information and trends for all of us. American Lawyer Survey About Per Partner Profits Going Up By 8.4%

Prevailing Party/Section 1717: Landlord Prevailed Where It Recovered All Of Monetary Damages Sought And Despite Dismissing Action At Court’s Insistence Later

Cases: Prevailing Party, Cases: Section 1717

  $83,153 Fee Award Sustained Against Losing Tenant.      Landlord sued tenant for unpaid rent under a prior settlement agreement under which the lease was terminated, tenant would vacate the premises in “turn key” condition, and assign certain FF&E (furniture, fixtures, and equipment) as well as its liquor license. The agreement also specified that landlord

SLAPP: Consideration Of Attorney’s Fees In Separate Motion After Voluntary Dismissal Of Prior Cross-Complaint Is Acceptable Trial Court Procedure

Cases: SLAPP

  Fee Order Reversed By Lower Court When Separate Fee Motion Procedure Used.      Although the appellate court aptly described the overall cause as a “trial court’s resolution of a procedural morass” under the anti-SLAPP statute, JP Builders, Inc. v. Leebove, Case No. A130270 (1st Dist., Div. 1 Oct. 7, 2011) (unpublished) does confirm the

Employment/Special Fee Shifting Statute (Pen. Code, § 502)/Reasonableness Of Fees/Allocation/Substantiation Of Fees: $980,373.50 Fee Award To Ex-Employee Not Paid All His Promised Commissions And Subject To Personal Computer Tampering Affirmed On App

Cases: Allocation, Cases: Employment, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

  Appellate Court Found Lower Court Correct to View L.A. Attorneys As Within San Bernardino Venue and Necessary Given Earlier Misfortunes with Local Attorneys.      Trealoff v. Forest River, Inc., Case No. E048818 (4th Dist., Div. 2 Oct. 6, 2011) (unpublished) was a case where an ex-employee won sizable jury verdicts, including punitive damages, for

Construction: Prevailing City Retaining Funds Does Not Divest Its Prevailing Party Status Because It Had To Eventually Turnover Retained Funds Over The Amount of the Merits Judgment

Cases: Prevailing Party

  Section 1717 Still Allowed Recovery to the Prevailing Party.      The Fifth District, in Greg Opinski Construction, Inc. v. City of Oakdale, Case Nos. F060219/F060727 (5th Dist. Oct. 6, 2011) (certified for partial publication; fee discussion not published), affirmed a lower court decision finding that the city was entitled to recover from its general

In The News . . . . Orange County Will Pay $1.3 Million In Legal Fees To Deputies Union After County Loses Challenge To 3% At 50 Pension Benefit

In The News

  Orange County Also Bore More Than $2 Million of Legal Fees During Unsuccessful Battle.      As reported by Kimberly Edds in an October 6, 2011 article in The Orange County Register, the Orange County Board of Supervisors has approved a settlement with the Association of Orange County Deputy Sheriffs after losing a challenge to

Damages/Family Law: “Somewhat Unusual” Case Involving Pro Tem Judge Conflict Cost Transitory Winning Litigant’s Attorney $780,482 In Damages For Attorney’s Fees Expended In Dissolution Proceeding Tainted With The Conflict

Cases: Family Law, Cases: Fees as Damages

  No, Love Lost as Fourth District, Division One Reverses JNOV Disfavorable to Initially Losing Litigant, Who Won a Jury Verdict, Was Then Overturned Post-trial, and Was Vindicated on Appeal.      This one caught our attention because of the appellate court’s rather subdued characterization of it being a “somewhat unusual case.” Wow! This is one

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