Author name: Marc Alexander

In The News . . . . New Century Settlement, Florida Subprime Foreclosure Defendants, And City Of Concord Sexual Harassment Settlement Are The Rage

In The News

  New Century Class Action Attorneys Garner $14.4 Million in $125 Million Settlement.      U.S. District Judge Dean Pregerson of the Central District of California (Los Angeles) recently approved a $14.4 million settlement of a class action against New Century Financial Corp. (one of the subprime mortgage companies well publicized for its bankruptcy) in favor […]

Off Topic: ABA Quiz On Lawyer Happiness–10 Questions For You To Answer

Off Topics

Questions 1-5 Today.      O.K., folks, time to go off topic and see how you attorney readers score.      The November 2010 edition of the ABA Journal has a quiz developed by Professors Nancy Levit and Douglas Linder from the University of Missouri at Kansas City after interviewing more than 200 lawyers about professional happiness.

Discovery Sanctions: $52,600 In Discovery Sanctions Reversed On Appeal

Cases: Discovery, Cases: Sanctions

  Third District Finds Substantial Justification for Sanctioned Parties’ Position, Many of Which Involved Attorney-Client Privilege Concerns.       Although involving a convoluted set of facts for which we will only give you the “Reader’s Digest” version, Truckee Carson Irrig. Dist. v. Sierra Pacific Power Co., Case No. C061004 (3d Dist. Nov. 9, 2010) (unpublished) does

Section 1717: Nonsignatory Cross-Complainant Not Liable For Fees Under Contractual Fee Clause

Cases: Allocation, Cases: Estoppel, Cases: Section 1717

Second District, Division 2 Applies Classic Reciprocity Principles Under 1717.      Baker v. Oleander Corp., Case No. B221193 (2d Dist., Div. 2 Nov. 8, 2010) (unpublished) is another reminder of how reciprocity principles under Civil Code section 1717 operate in cases involving contractual nonsignatory and signatory litigants. It also shows how trial courts will apportion

In the News . . . . Redondo Beach To Appeal $313,000 Fee Award to Building A Better Redondo And Oracle/SAP Reach Tentative Settlement Involving $120 Million Payment For Fees

In The News

Redondo Beach Not Pleased With Fee Award.      As reported in our October 28, 2010 “In the News” post, Los Angeles County Superior Court Judge Robert O’Brien awarded Building a Better Redondo $313,000 in attorney’s fees for successful efforts in getting Measure G on the recent elections ballot, with the award being assessed against Redondo

Judgment Enforcement: CCP § 685.040 Post-Judgment Enforcement Fees Not Applicable For Win in Priority Contest Between Two Judgment Creditors

Cases: Judgment Enforcement

Second District, Division 8 Finds Globalist Distinguishable in Priority Battle.      In Globalist Internet Technologies v. Reda, 167 Cal.App.4th 1267 (2008), the Court of Appeal found that Code of Civil Procedure section 685.040 allowed attorney’s fees recovery to a judgment creditor in efforts pursuing collection of the judgment against judgment debtor. The next case involved

Family Law/Discovery Sanctions: Attorney Sanctioned To Pay $1,650 In Discovery Sanctions Still Must Pay Them

Cases: Discovery, Cases: Family Law, Cases: Sanctions

Court of Appeal Did Not Condone Keeping OSC Contempt Hearing On Calendar With No Intent to Proceed.      The next one is an object lesson, likely reinforcing that sanctions can follow from not showing professional courtesy–at the least.      In Marriage of Booth, Case No. A127140 (1st Dist., Div. 1 Nov. 4, 2010) (unpublished), wife’s

SLAPP/Fee Substantiation: Attorney’s Fees To Winning Defendant Affirmed On Appeal

Cases: SLAPP

Billing Records Are Not Required Substantiation in a Fee Petition.      In U.S. Bancorp Equipment Finance Inc. v. McFetters, Case Nos. G041929/G042094 (4th Dist., Div. 3 Nov. 3, 2010) (unpublished), defendants SLAPPed 9 out of 10 claims and were awarded attorney’s fees against losing plaintiff. The defense substantiated the fees by submitting attorney declarations describing

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