March 2011 Article in The Advocate Magazine Explores Central Fee Issues. For readers wanting a recent primer on key issues in attorney’s fees litigation, we commend for reading Joseph P. Wohrle’s article “Identifying Key Issues in Attorney’s Fees Litigation” which is published in the March 2011 edition of Advocate Magazine. Mr. Wohrle, a […]
Court of Appeal Agrees With Reasoning in Hinerfeld-Ward. Plaintiff contractor sued defendant owner for breach of contract, mechanic’s lien foreclosure, violation of the Civil Code section 3260.1 prompt payment statute relating to withheld progress payments, promissory fraud, and conspiracy to commit fraud. The case was arbitrated, with plaintiff eventually awarded $245,763.09 in damages against
Section 1354 Only Applies in Homeowner-Homeowner Association Disputes. The scope of Civil Code section 1354, which permits homeowner associations and homeowners to recover attorney’s fees in actions to enforce an HOA’s governing documents, was at issue in the next case out of our local Santa Ana appellate court. In Chen v. Association Lien
Second District, Division 3 Finds Contractual Interpretation of Fees Clause Was Wrong By Lower Court. Where there is no conflict in evidence (usually meaning divergent parol evidence), appellate courts will independently construe contractual provisions as a matter of law. In doing so, they may disagree with a lower court’s construction in the process.
Attorney’s Fees and Costs Are the Main Sanctions. House Judiciary Committee Chairman Lamar Smith (R-Texas) and Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa), on March 10, 2011, introduced legislation to curb frivolous lawsuits. The Lawsuit Abuse Reduction Act, if passed as introduced, would impose mandatory sanctions upon lawyers filing meritless suits in
$101,178.62 in Attorney Work Must Be Reconsidered For Beneficial Result. In the past, we have discussed many cases which hold that billing records must be presented to the court (as well as the trustee) when an attorney is seeking reimbursement for probate court litigation work. This stems from the trial court’s “special responsibility” to
One Winning Plaintiff Not Entitled To Fees When Defense SLAPP Motion Found to Have Partial Merit. The SLAPP statute does allow a plaintiff successfully resisting a SLAPP to recover fees if plaintiff can meet the CCP § 128.5 standards for sanctions–the motion was “totally and completely” without merit. Big fees were awarded to
Second District, Division 3 Found Hearsay Evidence Did Not Underpin Award. Here is a procedurally interesting case, although the opinion does not shed light on why a jury awarded attorney’s fees as damages pursuant to a fee clause in a note purchased by an attorney from a bank. (Usually, this exercise takes place
Increased Attention in the Legal Community; Co-Contributor Marc Quoted in California Lawyer; Co-Contributor Mike To Speak At July 8 Century City Panel. In our August 3 and 6, 2010 posts, we discussed contract litigation insurance (CLI), a product being offered by Sonoma Risk Insurance Agency. We described the coverage in depth in those
Reason: Proposed U.S. Legislation to Cap Fee Recovery to Class Counsel. Many of you readers may have seen the very colorful, serene television advertisements urging potentially qualified class members to phone or email in about specifics on the Cobell Indian Land Trust Settlement. Well, everything may not be serene about this settlement given recent
