Second District, Division 3 Upholds Fee Award In Second Appeal. In our January 8, 2010 post, we explored the appeal in Conservatorship of Davis, where the Second District, Division 3 held that Probate Code section 1470(c) did authorize the probate court to order that attorney’s fees for work by an appointed Probate Volunteer […]
First District, Division 2 Uses Hunting and Boxing Analogies in Reversing Fee Award. The next decision we survey involves a reversal driven by the same apppellate court’s earlier decision in Karuk Tribe of No. Calif. v. Calif. Regional Water Quality Control Bd., 183 Cal.App.4th 330, 364-369 (2010) [discussed in our March 30, 2010 post].
Blasted Legal Fees Unite Civil Rights Attorneys Across the Political Spectrum in Shotgun Marriage After Judge Drops the Hammer on Fee Request in 2nd Amendment Litigation. Mike Scarcella reports in The National Law Journal (April 4, 2011, online edition) that Alan Gura, the high-caliber lawyer behind the Supreme Court’s gun-rights precedent “may lose by
Order Granting the People $707,882.50 in Attorney Fees and Costs of $32,673 Goes Up in Smoke, But Not to Worry, Parties Will Get to Light Up Again in Trial Court In this appeal, R.J. Reynolds Tobacco Company challenged an order awarding attorney fees to the People for enforcing a Consent Decree banning participating tobacco
Probate Case Has Nice Summary of Principles of Res Judicata/Collateral Estoppel The Court of Appeals early on telegraphed the train wreck that is this case with the understated observation, “The relationship between the siblings was not optimal.” Estate of Redfield, Case No. B216190 (2nd Dist. Div. 3 4/5/11) (certified for publication).
The Court of Appeals Finds Trial Court’s Order “Puzzling” Husband and wife’s marriage dissolved in 1992. In 2009, the now ex-husband filed an OSC to modify or terminate his spousal support obligation, because he planned to retire. The trial court denied the OSC, while ordering the 66-year old ex-wife to make efforts to become
First Appellate District, Division Three, Holds Trial Court’s Decision to Award Attorney Fees Following a Judgment Does Not Render the Appeal From Such a Judgment Futile City of Novato v. MCCE Development, LLC, et al. Case Nos. A127298 & A128928 (1st Dist., Div. 3 3/30/11) (unpublished), consolidates two cases on appeal, in a dispute
First District, Division 5 So Holds. We doubt the wisdom of this appeal in the first place–after all, a monstrous $1,149.15 in appellate costs were at issue. However, In re Consumer Privacy Cases, Case No. A128862 (1st Dist., Div. 5 Mar. 30, 2011) (unpublished) has some nice discussions on two issues that
L.A. County Gets Nada Monetary Relief After Credits, And Is Stung By Affirmance of 998 Offers by Insurers Costing It $5.9 Million. The next one is the apparent conclusion of what our local Santa Ana appellate court analogized as being “easily the 14 Years War of civil litigation in Orange County” between Los
$125,491.81 Fee Award Against Plaintiff Sustained on Appeal. Plaintiff, after being hit with an adverse $125,491.81 fee award after losing a SLAPP motion, challenged the fee award in Ruttlen v. County of Los Angeles, Case No. B223345 (2d Dist., Div. 3 Mar. 30, 2011) (unpublished). Her challenge was that the award was unconstitutional
