Degeer v. Gillis Examines Factors to be Weighted For Shifting Costs in Third Party Electronic Discovery Disputes. In Degeer v. Gillis, 2010 U.S. Dist. LEXIS 129745 (N.D. Ill. Dec. 8, 2010), U.S. District Judge Nan R. Nolan examines the obligations of parties and non-parties under Federal Rule of Civil Procedure 45 as it […]
Sixth District Finds that Construction Prevailing Wage Ruling For 900 Construction Workers Met CCP § 1021.5 Requisites. Monterey/Santa Cruz County Bldg. & Constr. Trades Council v. Cypress Marina Heights LP, Case No. H034143 (6th Dist. Jan. 10, 2011) (unpublished) involved a situation where plaintiffs won a proceeding against a defendant which acquired Ford Ord
No Entitlement, No Fees. In SMDM Properties, Inc. v. Developers Diversified Realty Corp., Case No A126643 (1st Dist., Div. 2 Jan. 10, 2011) (unpublished), the appellate court reminded us of a pivotal lesson in the attorney’s fees area: you need a proper predicate for fee entitlement. If not, no fee recovery. There, plaintiffs took
Fifth District So Holds. In Flores v. Georgeson, Case No. F059173 (5th Dist. Jan. 10, 2011) (certified for publication), the Fifth District held that a vexatious litigant does not need to satisfy the CCP § 391.7(a) permission-prefiling requirement when the litigant is represented by counsel in a case. The 3-0 decision was penned
Court of Appeal Disagrees that FedEx Charge Allowable Under Costs Statute as “Postage” Charge Equivalent. Many of the decisions we review are fairly technical, and the next one is no exception. It does show that 998 offer rejection decisions will be reviewed for abuse of discretion, but that costs decisions on legal entitlement will
$7,500 Fee Award Out of Requested $36,000 In Fees Sustained On Appeal. Here is one showing how lower courts will balance the interests of trustees and trust remainder beneficiaries when crafting fee awards. (Boy, these terms take us back to law school probate classes, don’t they?) In Clare v. MacCarley, Case No. B223107
Failure to Admit Four Specific RFAs Propounded By Defense Justified $7,741.48 in Attorney’s Fees Under CCP § 2033.420. In our category “Requests for Admissions,” we have explored the requirements of Code of Civil Procedure section 2033.420 which, in a nutshell, authorizes imposition of fees and costs for denying a request for admission unless there
Fee Award Does Not Have to be Proportional to Damages Award for Civil Code Section 1717 “Prevailing Party” Purposes. Here is one which, yet again, reiterates that trial courts have tremendous discretion in determining the “prevailing party” under Civil Code section 1717 as well as the amount of damages to be awarded–which do not
Fee Recovery In Pension Eligibility Funds Dispute Regents Is Constitutionally Immune from Labor Code section 218.5 Exposure in this Context. In a first-impression case, the Fourth District, Division One decided that the Regents of the University of California cannot be saddled with fee exposure under Labor Code section 218.5, a normal mandatory fee-shifting
AB 2284 Became Effective January 1, 2011. Effective January 1, 2011, litigants can opt to participate in an expedited jury trial before a reduced jury panel of eight jurors with a goal to complete the trial in one day. Participation is completely voluntary, but the parties do agree to waive certain post-trial motions
