California New Legislation Highlights There are some civil litigation updates that have changed or added features of procedures used or which will be used by many California litigators on a frequent basis, depending on practice areas. Here are our highlights: 1. Striking of Judges. Code Civ. Proc., § 170.6. Time period for judge disqualification […]
U.S. Magistrate Judge Grimm Had Earlier Ordered Imprisonment If Payment Ducked, But Defense Did Remit Partial Payment Of What Was Ordered. In our September 21, 2010 post, we discussed Victor Stanley, Inc. v. Creative Pipe, Inc., 269 F.R.D. 497 (D. Md. 2010), in which U.S. Magistrate Judge Grimm determined that defendants repeatedly failed to
Majority So Holds, But Dissent Argues Contention Forfeited and Section 1101(g) Needs Revision By the Legislature. Here is an interesting one in the family law area, drawing a dissent by a former family law jurist that now sits on the appellate court. In Marriage of Fossum, Case No. B214824 (2d Dist., Div. 1
Lawyers Requesting Over $1.5 Million More in Gibson Dissolution Proceeding. As reported in a January 27, 2011 post by the TMZ staff, Oksana Grigorieva’s lawyers are asking Los Angeles County Superior Court Judge Scott Gordon–the same judge who heard the McCourt case–to order Mel Gibson to pay substantial attorney’s fees on top of $500,000
$401,654 on Sole Contract Claim Sustained on Appeal by Sixth District. In this category, the breadth of a fees clause may be case determinative when measured against the actual claims or cross-claims brought by a party. No more and no less, as the next case demonstrates–with the appellate court carefully analyzing the cross-claims at
Third District Affirms Fee Denial in Technical Education Code Area. Okay, folks. We told you early on in this blog we would cater to all areas. We hold true to our promise, summarizing a recent decision from the Third District on a fee-shifting provision contained in Education Code section 44944(e)(2), which contains a mandatory
Fourth District, Division 3 Reaffirms Fundamental Precept of Appellate Practice. If one is going to do appellate work, creating an adequate record is a must. After all, the appellate court has nothing before it in a case except for what the litigants provide it. The lack of an adequate appellate record in the next
Notice of Appeal of Merits Motion Denial Did Not Give Appellate Court Jurisdiction to Rule on Later Fee Ruling. One nice thing about our blog is that the appellate courts have to decide disputes all the time and, in doing so, reinforce lessons that we have discussed as arising from prior posted cases. One
No Proportionality Required Under Section 1717; Defense Expenditure Of More Proved Reasonableness. In Big Ring Holdings, LLC v. Van Ness Mgt., LLC, Case No. A126692 (1st Dist., Div. 2 Jan. 26, 2011) (unpublished), plaintiff tenant was awarded $271,682 in damages for a leaking ceiling in a dispute over a yet-to-be-opened laundromat where there was
Judge Kalin Ruled Request Can Be Renewed Later. As reported in a January 25, 2011 post by Richard Winton in the Los Angeles Times online version, Los Angeles County Superior Court Judge Joseph R. Kalin has rejected, for now, Mayor Oscar Hernandez’s request to have legal expenses picked up in his defense of the
