Requested Sanctions of $14,623.91 Are Pared Down to $6,750. In Girardi v. Princess Cruises, Case No. B217192 (2d Dist., Div. 7 Aug. 24, 2010) (unpublished), appellants were found to have prosecuted a frivolous appeal based on the standards set forth in the California Supreme Court in In re Marriage of Flaherty, 31 Cal.3d 637, […]
Editorial from The Orange County Register So Opines. As reported in an August 24, 2010 editorial printed in The Orange County Register’s Opinion section, there is a pending proposal to hike workers’ compensation premiums for businesses up to 29.6% for the “pure premium” rate (the rate businesses pay their insurers for coverage). If
Fourth District, Division 1 Strikes Fees From Default Judgment For Failure to Plead Fees in Complaint. Here is one of those nuts and bolts decisions that reminds all litigators to plead fee entitlement and include a prayer for fees in their complaints if they want to recoup fees at the default judgment stage
The next case is more important for construction practitioners dealing with Coleman-related compensation issues where the good faith negotiations between the parties do not result in any agreement on price. However, it also shows you that our Mission Statement is still very prophetic—attorney’s fees awards may be the tail that truly wags (and awards
Developer to Pay Sierra Club’s Fees in Dispute over City of Lakeport Project. As reported by Denise Rockenstein in an August 17, 2010 post on RecordBee.com, developer Cristallago will pay the attorney’s fees incurred by the Sierra Club in a settlement approved in relation to a mixed-use resort community project located near City of
Also, Fee Expenditure Was Not Disproportionate to Claimed Damages. We have another case to add to our category “Private Attorney General Statute.” Here, the lack of benefit to a larger class of persons and failure to show disproportionate fee expenditures meant that fees were properly not awarded under Code of Civil Procedure section 1021.5.
No Bright-Line Rule Is Set, But Timing of Motions Must Take into Account Timing of Objections to Actual Fee Request Submissions on Due Process Grounds. This next case should be of keen interest to class action practitioners. The Ninth Circuit, in In re Mercury Interactive Corp. Sec. Litig., Case No. 08-17372 (9th
Fourth District, Division 2 So Rules in Unpublished Opinion. Reversal on appeal can have dire consequences, not to mention that fee awards can become moot. That is what happened in H & H Investments Co., Inc. v. Chang, Case Nos. E046900/E047471 (4th Dist., Div. 2 Aug. 17, 2010) (unpublished). Fortuna. Albrecht
Block Billing Per Se Will Not Tank a Fee Request. Under our category "Homeowner Associations," we have reviewed numerous decisions where homeowners or HOAs feel the sting of "victory or defeat," even if ABC’s famous "World of Sports" mantra was not directly in play. Well, we have another one to share with you—where
Third Party Claimant May Have No Standing to Receive 2030 Needs Award in Dissolution Proceeding, While Attorney May Lack Standing to Appeal Borson Motion Denial. The interesting thing about this blog is what we learn each day from reading and then posting on various decisions. Here, we learned about motions brought under Marriage
