Probate Code Section 16247 So Authorizes. Although published on other issues, Manson v. Shepherd, Case No. H034019 (6th Dist. filed Sept. 3, 2010, ordered partially published Sept. 30, 2010, fee award discussion unpublished), reminds probate practitioners representing trustees to invoke Probate Code section 16247 for obtaining reimbursement of attorney’s fees for trust administration work. […]
Second District, Division 2 Finds Settlement Stipulation Allowed for 1717 Fee Recovery. In Duenas v. Fraccionamiento Villas Del Mar, S.A., Case No. B219112 (2d Dist., Div. 2 Sept. 30, 2010) (unpublished), parties to a Baja California condominium dispute settled, reached a stipulation that all issues but a note payment issue in favor of plaintiff—including
Ninth Circuit Remands For District Judge to Determine Whether Costs Should Be Awarded Under Rule 54(d)(1). Resolving a split among federal district courts, the Ninth Circuit Court of Appeals in Quan v. Computer Sciences Corp., Case No. 09-56190 (9th Cir. Sept. 30, 2010) (for publication), decided that a prevailing party in an ERISA action
Fifth District Also Assigns Matter to Different Judicial Officer Based On Appearance He Was Not Impartial. Well, this next one is a doozy. You knew it would be when the appellate court intersperses these quotes: “Somewhere along the line, litigation must cease” (In re Marriage of Crook, 2 Cal.App.4th 1606, 1613 (1992)) and “trial
Affirms $289,000 Costs Award and $1.6 Million Fee Award. In a long-running case that has produced several appellate opinions along the way, V3I v. Western Digital Corp., Case No. G041386 (4th Dist., Div. 3 Sept. 29, 2010) (unpublished) finally ran its course, with the final appeal being from a $289,000 costs award and
Fourth District, Division 3 So Holds in Wholesale Used Car Dealer Dispute. In Hyduke’s Valley Motors v. Lobel Financial Corp., Case No. G042816 (4th Dist., Div. 3 Sept. 29, 2010) (unpublished), plaintiff (a wholesale used car dealer) won money due to it from a second car dealer that refused to pay for vehicles sold
Second District, Division 4 Affirms Lower Court’s Section 6147 Ruling. Contingency fee retention agreement modifications must meet with Business and Professions Code section 6147’s requirements for the contents of the agreement. If not, the modification likely will be found unenforceable, meaning that the attorney will lose the added fees that would have stemmed
U.S. District Judge Real Awards this Amount for Over 3 Years of Work. If you have read our “In the News” category (which you can search at our home page by using the search function on the left hand side), you know we have reported on McGuireWoods efforts to recover legal fees as
Sixth District Gives a Primer on RFA Expenses and Routine Costs Awards. Berkman v. City of Morgan Hill, Case No. H032205 (6th Dist. Sept. 28, 2010) (unpublished) is a virtual primer on the standards to be met to recover fees/expenses under the request for admission sanctions statute codified at Code of Civil Procedure section
Second District, Division 1 So Holds in Unpublished Decision. Kamhout v. The Von Companies, Inc., Case No. B208927 (2d Dist., Div. 1 Sept. 28, 2010) (unpublished) is a good reminder of the deadlines in which a winning litigant must file a costs memorandum. Unless a party or court clerk mails out a proper
