However, Trial Court Had To Determine Whether SLAPP Motions Were Meritorious. Facing disaster, plaintiffs in Ryckman v. Drexler, Case No. B319664 (2d Dist., Div. 1 Apr. 28, 2023) (unpublished), voluntarily dismissed their actions in the face of SLAPP motions filed by defendants. The lower court then awarded fees of $29,727.55 to one set of […]
No Apportionment Required Because Elder Abuse and Fiduciary Duty Breach Claims Were Intertwined. In Keading v. Keading, Case No. A153628 (1st Dist., Div. 3 Apr. 28, 2023) (unpublished), a beneficiary successfully obtained an elder abuse finding and successfully removed a trustee under Probate Code section 850, which allows a probate judge under related Probate
The Appellate Win Did Not Allow For Prevailing Party Fees, Because The Ultimate Litigation Outcome Result Was Dispositive—No One Prevailed. The next case, Waterwood Enterprises, LLC v. City of Long Beach, Case No. B316269 (2d Dist., Div. 1 Apr. 26, 2023) (unpublished) had a topsy-turvy procedural history, but it at long last has seemed
Job Satisfaction Is Less Than Half; Minimum Billing Requirements Are Still Prevalent; And Hybrid Working Is Still In Vogue. Based on a survey of 868 attorneys (85% of which were at law firms), Bloomberg Law has released its Workload and Hours H2 2022 survey. Here are the highlights from the survey: Average hours worked
Plaintiff Was Entitled To A 1021.5 Award, But Amount Will Be Determined On Remand. In an earlier appeal, plaintiff had obtained a published opinion reversing her denial of a petition seeking public disability retirement benefits based on symptoms caused by her office environment, involving interpretation of provisions under the Public Employees’ Retirement Law (PERL).
Tribes Only Prevailed On A Federal Claim, But Fees Not Allowed On That Claim; Lurking State Law Issues Did Not Alter The Result. In Chicken Ranch Rancheria of Me-Wuk Indians v. State of California, Case No. 21-15751 (9th Cir. Apr. 25, 2023) (published), Tribes successfully sued California for failure to comply with the federal
Compensatory Award Was $1,014,000. As we have posted in the past, FEHA compensatory awards often produce ancillary substantial fee recoveries. That was borne out in Thomas v. City of Los Angeles, Case Nos. B305051/B308622 (2d Dist., Div. 2 Apr. 25, 2023) (unpublished). Plaintiff won a $1,014,000 FEHA disability discrimination award against L.A., with
Ninth Circuit Remanded Fee Denial, But Expressed No Opinion On What Amount, Maybe Apportionable, Was Righteous—That Was For The District Judge. In Epic Games, Inc. v. Apple, Inc., Case Nos. 21-16506 et al. (9th Cir. Apr. 24, 2023) (published), Apple was successful on a contract claim against Epic Games, but the district court denied
Case Does Raise How One Can Ever Get Sanctions In This Area In A Normal Case. We understand that CCP § 128.7 sanctions need to follow strict procedural steps. However, motions for reconsideration usually proceed along an expedited timeline, although in a particular case they may go along a more prolonged regular law and
Only A Prevailing Plaintiff Is Entitled To Fee Recovery Under Welfare & Institutions Code § 15657.5(a). In Sall v. Agam, Case No. B317976 (2d Dist., Div. 4 Apr. 21, 2023) (unpublished), the appellate court considered whether a prevailing defendant could obtain attorney’s fees under Welfare & Institutions Code section 15657.5(a), which expressly only allows
