$138,019.51 Was Costs “Hit” In This Case. Vail Lake USA, LLC v. County of Riverside, Case No. E050835 (4th Dist., Div. 2 Sept. 28, 2011) (unpublished) illustrates how expensive modern litigation can be, and only with respect to selective preparation of an administrative proceeding record in a CEQA case. There, appellants failed […]
Here is one that demonstrates our POOF! principle for a substantial attorney’s fees award. The appellate court in Goslins v. Taxe, Case Nos. B225795/B227711 (2d Dist., Div. 3 Sept. 27, 2011) (unpublished) reversed the sustaining of a demurrer to a complaint alleging invalidity of a trustee’s sale, equitable subrogation re first priority
Also, CCP Section 128.5 Standards Do Apply to SLAPP Statute, Even Though 128.5 Is Long Gone. The Second District, Division 3 answered two questions under the SLAPP statute provision that allows a lower court to award fees to a winning plaintiff, the SLAPP opponent. Usually, a prevailing defendant automatically is awarded reasonable
A “Mass Joinder” Lawsuit Is Not the Same as a “Class Action” Lawsuit. In our March 11, 2010 post, we explored California attorney ethical prohibitions against taking advance fees for residential loan modification services, attempting to protect vulnerable homeowners from doing whatever they need to prevent impending foreclosures during the on-going economic recession. We
A “Mass Joinder” Lawsuit Is Not the Same as a “Class Action” Lawsuit. In our March 11, 2010 post, we explored California attorney ethical prohibitions against taking advance fees for residential loan modification services, attempting to protect vulnerable homeowners from doing whatever they need to prevent impending foreclosures during the on-going economic recession. We
Issue Is Under Review by California Supreme Court in UPS Wage and Hour Cases (McGann). In our February 26, 2011 post, we discussed United Parcel Service Wage and Hour Cases (McGann), 192 Cal.App.4th 1425, where the Second District, Division 8 decided that a prevailing defendant employer is not entitled to recover attorney’s fees
Both Sides Appeal, One Claiming No Fee Entitlement and the Other Claiming an Enhancement Should Have Been Awarded; Result? Affirmed in Full. GH Capital, LLC v. City of Los Angeles, Case No. B221987 (2d Dist., Div. 1 Sept. 26, 2011) (unpublished) is interesting for its facts and its affirmance of a $125,000 fee
Distribution Allowed, But Subject to Attorney’s Lien. Just to show you that trial and appellate courts do seriously consider attorney’s interests, here is one in the probate context that highlights this in spades. In Middleton v. Roos, Case No. A130329 (1st Dist., Div. 5 Sept. 26, 2011) (unpublished), among other issues, executor
However, Award Againt Nonsignatory Reversed. We have done numerous posts over the last 3 plus years on attorney’s fees under Civil Code section 1717. If two lessons have emerged, it is to pay attention to the breadth of the attorney’s fees clause and your status in the litigation (signatory, third party beneficiary, assignee,
Lions, and Tigers, and Bears — Oh My! Well, this one will get all of us engrossed, or should. Las Vegas entertainers Siegfried (Fischbacher) and Roy (Horn) have been awarded $37,415 in attorney’s fees and court costs when U.S. District Judge Roger Hunt determined that a sexual harassment suit brought against them
