Presiding Justice Perluss, on behalf of the same panel of the Second District, Division 7 (yet in two separate unpublished decisions), gives us some good teachings on routine costs and Code of Civil Procedure section 998 issues. Costs: Mixed Result Means Prevailing Party Determination is in Lower Court’s Discretion. In Cordier v. Swanson […]
FEHA-Based Fees Not Allowable to Other Defendants. In our July 30, 2010 post, we reviewed Silguero v. Creteguard, Inc., Case No. B215179 (2d Dist., Div. 1 July 30, 2010) (certified for partial publication), where a fee award went POOF! upon reversal of a demurrer sustained in favor of certain defendants. However, apparently other
However, Equitable Receipt of Fee Principle Used to Allow Reasonable Fee Before Freezing of Client’s Assets. This next case is an important, sobering one for any civil practitioners defending clients charged with Federal Trade Commission (FTC) Act violations, counseling that there is a duty of inquiry with respect to attorneys’ acceptance of retainers so
State Board Had Exclusive Jurisdiction Over the Matter, Leading to Fee Award Against County. As reported by Joe Nelson in an August 10, 2010 post entitled “County to appeal judge’s decision on paying attorney’s fees” San Bernardino County has decided to appeal an adverse attorney’s fees order of more than $51,000 against it.
Reversal is a $22 Million Swing for the Corporate Litigants. In our December 11, 2008 post, we reported on C.D. Cal. U.S. District Judge David O. Carter’s fee awards in EchoStar Satellite Corp. v. NDS Group PLC, Case No. 8:03-cv-00950-DOC-JTL. There, EchoStar was awarded $12,972,547.91 in fees and NDS was awarded $8,968,118.90 in fees
Second District, Division 8 Believes Attorney Was Blameless Under the Circumstances. In Scarola v. Dedicated Talent Agency (Pettigrew), Case No. B220482 (2d Dist., Div. 8 August 13, 2010) (unpublished), attorney for an apparently uncooperative cross-complainant was sanctioned $2,500 after her client failed to appear for a deposition in New York (even though defense counsel
First District, Division 4 Discusses Brandt And Routine Costs In Catholic Priest Molestation Insurance Dispute. Howard v. American National Fire Ins. Co., Case Nos. A121569 & A123187 (1st Dist., Div. 4 Aug. 11, 2010) (certified for publication) is a virtual primer for insurance litigators, involving substantial upholding of a substantial bench trial award against
Also, Second District, Division 3 Decides Fee Award Not Tethered to Actual Costs of Proof of Denied Admissions. Here is a “biggie” under our category “Requests for Admissions,” a just published Second District, Division 3 decision—Estate of Manuel, Case Nos. B210701/B215380 (2d Dist., Div. 3) (Aug. 10, 2010) (certified for partial publication)—authored by Acting
Use of Yiddish Word in Order Found Appropriate for Family-Based Tragedy. Now we describe one of the most unusual (and amusing, but candid) sanctions orders entered by Judge Cristol in In re Herskowitz, 166 B.R. 764 (S.D. Fla. 1994). In this case, the judge entered an “Order of Shanda” that was inspired out
Sanctuary Records Group Seeks Appellate Attorney’s Fees After Defensing Right Of Publicity/Lanham Act Claims Against Beach Boys Writer Mike Love Katy Perry Create a Stir With Ending Lines in Hit “California Gurls.” Sanctuary Records Group Ltd. defensed Mike Love, one of the writers for “The Beach Boys,” in a lawsuit alleging right of publicity/Lanham
