Second District, Division 8 Affirms $84,500 Fee Award to Prevailing Plaintiff in CLRA Action. After two appeals, plaintiff finally has won finality with respect to a $84,500 fee award entered in his favor under the CLRA after winning a battle against a Porsche Turbo Coupe seller for a refund because the car needed various repairs. […]
Integration Finding is Factual, With the Trial Court’s Determination Being Binding on Appeal. Whether several contracts relating to the same matters and between the same parties are integrated is a factual question. As the next decision we look at demonstrates, the resolution of this initial question may also dispose of a decision on
In our February 15, 2010 post, we reported on U.S. District Judge Manuel L. Real’s denial of fee recovery to McGuireWoods, class counsel in the BARBRI class action, based on a conflict of interest issue. Because this meant that the firm was denied claimed fees of over $12 million, the stakes were obviously
Denial Order Is Not Appealable, Only the Judgment Confirming the Award. The next case is a reminder to all that you must research what can and cannot be appealed when dealing with corrections to arbitration awards. The aggrieved plaintiff learned that all too well in the next decision we examine. Bader v.
Attorney Declaration as to Hourly Rates and Description of Work Adequately Substantiated Fee Petition Claims. Defendant contractor and its president, sole shareholder, sole director, and sole employee (found to be the alter ego of the contractor) were found liable for $670,923 in damages in a construction defect lawsuit to purchasers of the Livermore
$22.5 Million Must Be Paid By Insurer for Enron-Related Cases. The New York Supreme Court Appellate Division recently affirmed a lower court’s ruling that Twin City Fire Insurance Company must cough up $22.5 million to cover a portion of JPMorgan Chase’s defense costs and settlements in a host of lawsuits related to Enron’s
Fee Amount Did Not Have to be Pegged to L.A. Attorney Fee Schedule. Buyers of a Cessna jet aircraft won $320,000 in damages against sellers after sellers refused to deliver the aircraft on certain terms under a contract with a fees clause. The trial court awarded buyers a combined $248,531.36 in attorney’s fees,
Trial Court Properly Denied Fee to Either Side, Says Court of Appeal. Don’t assume that the prevailing party determination for an award of routine costs and attorney’s fees under Civil Code section 1717/fee-shifting statutes is the same. They do differ, as the next case demonstrates. In Duclos v. Marina Pacifica Homeowners Assn.,
Trustee Awarded Fee and Costs Based on Trial Court’s Determination that Beneficiary Presented Petition for Breach of Trust and Removal in Bad Faith. “No good deed goes unpunished.” Although this saying frequently captures the moment, the next case actually demonstrates the opposite—a trustee’s kindness to his sister in a probate estate situation was
Fourth District, Division 1 So Holds in Recent Published Decision. Certain Cumis (162 Cal.App.3d 358) fee disputes are subject to arbitration under Civil Code section 2860(c). However, the Fourth District, Division 1, in Intergulf Development v. Superior Court (Interstate Fire & Cas. Co.), Case No. D055459 (4th Dist., Div. 1 Mar. 24, 2010)
