Fourth District, Division 2 Affirms Based on Violation of Fundamental Appellate Tenet—Present A Complete Record; Also, Co-contributor Marc Gets A Puppy! We don’t mean to be preachy (although we probably are at times), but the next case reinforces a crucial appellate practice reminder—one stressed by both practitioners and jurists alike—which is to make […]
Second District, Division 8 Acknowledges that Needy Loser May Be Entitled to Fee Award During Contentious Dissolution Proceedings. The appellate panel in Marriage of D’Abo, Case No. B216056 (2d Dist., Div. 8 June 7, 2010) (unpublished) reminded us all that Family Code sections 2030/2032 “needs based” fee awards—made to level the playing field in
Ninth Circuit Finds Sanctions Were Warranted and Were Not Excessive in Nature. 28 U.S.C. § 1927 allows a district judge to sanction an attorney “who so multiplies the proceedings in any case unreasonably and vexatiously” for those excess costs, expenses, and attorney’s fees reasonably incurred as a result of attorney’s conduct. Recklessness suffices under
Fourth District, Division 1 Also Provides Guidance on Fee Recovery For Family Code Section 1102 Violations. Well, for all of you probate practitioners out there, the Fourth District, Division 1 has issued an interesting unpublished decision on a fee award that fell based on a subsequent reversal on major issues in the case.
First District, Division 2 Panel Has Very Divergent Perspectives on Breadth of Fee Clause. Here is a very interesting unpublished decision about the interpretation of a CAR form fee clause in a brokerage contract. The main dispute centered upon the interpretation of the scope of this provision: “In any action, proceeding or arbitration
Second District, Division One Reluctantly Remands Fee Award for Second Look. A good lesson is taught in the next case: SLAPP fees are only awardable for work in the SLAPP proceeding itself, so apportion out unrelated time at the outset of a fee motion to insure that the award is affirmed on appeal.
Thirteenth Appellate Proceedings By Wife In Longtime Dissolution Action Ends in Affirmance. Marriage of Falcone and Fyke, Case No. H033619 (6th Dist. May 28, 2010) (unpublished) is the 13th appellate proceeding initiated by wife, the respondent in a longtime marital dissolution action. Wife moved for a needs-based award of attorney’s fees under Family
Results of the Audit Are Due Next Month. As reported by Jeff Overley in his article “Newport to examine its rising legal costs” in the May 30, 2010 edition of The Orange County Register, the City of Newport Beach has decided to audit its litigation costs and fees. In the past decade, annual
Second District, Division 3 Also Finds 998 Fee Waiver In Not Illegal under California’s Lemon Law. The next case, involving the interplay between Code of Civil Procedure section 998 pretrial offers and California consumer/civil fee shifting statutes, basically holds plaintiff to the bargain reached when he accepted the 998 offer made by defendants.
Florida Politics: BP Petroleum Spill/AG Contingency Lawyer Cap. We know we would like this one, when the article begins this way: “Nobody likes attorneys until they need one, and then they want the smartest, orneriest, hardest-line lawyer they can get.” Well, the crimp in this for the Florida attorney general is recent legislation
