So Says a Study from The Journal of Empirical Legal Studies. The Journal of Empirical Legal Studies published a recent study based on 2,054 cases tried from 2002-2005. From those surveyed cases, 61% of plaintiffs received verdicts less than the last settlement offer, while 24% of defendants made the wrong decision by paying […]
Beneficiaries Did Get Fees From Trust “Common Fund” Doctrine, But Did Not Hit Trustee For Fee Recovery. Let us tell you, probate cases are tough and pit familial members at each other in bitter disputes. The next case is no different and shows how both lower/appellate courts labor with these difficult controversies. Two
Great Nationwide Resource Guide on State-by-State Provisions. We have examined numerous cases on Code of Civil Procedure section 998, California’s cost-shifting offer of judgment provision. For those of you wanting to know if similar mechanisms exist in other states, see the State Offer of Judgment Provisions, a project of the Federal Civil Procedure
Second District, Division 7 Finds Reversal of Prejudgment Interest Issue Requires Reexamination of Prevailing Party Determination and the Escrow Instructions Fee Clauses Were Sufficiently Broad for Fee Entitlement Purposes In Marina Glencoe, L.P. v. Malibu Escrow Corp., Case No. B203415 (2d Dist., Div. 7 Mar. 1, 2010) (unpublished), an apartment building purchaser recovered
Fast Track is Working, Jury Trials are Few for 2007-2008 FY, and Class Actions Have Increased Between 2000-2006. The “2009 Court Statistics Report” is available for reading from the Judicial Council of California, containing interesting statistics for all levels of the California judiciary for the fiscal year 2007-2008 time frame. It is available
Fourth District, Division 3 Finds That Fee Recordkeeping and Trust Litigation Expenses Must Be Scrutinzed Closely to Determine if Fees Were Reasonable and Appropriate From a Trust Benefitting Perspective. Donahue v. Donahue, Case Nos. G040628/G041503 (4th Dist., Div. 3 Feb. 24, 2010) (certified for publication), is sure to be a widely cited opinion when
Decision Revisits State of E-Discovery Six Years After Zubulake. At both the federal and state levels of litigation, e-discovery is an expensive process fraught with onerous obligations by the responding litigants and their attorneys. Obviously, failure to preserve, collect and store documents can harm the integrity of the judicial process. As a result, the
First District, Division 5 Reverses Fee Award Based on Woodland Park Decision. In our February 2, 2010 post on Woodland Park Management, LLC v. City of East Palo Alto Rent Stabilization Bd., 181 Cal.App.4th 915 (2010), we reviewed a decision reversing a fee award against the City of East Palo Alto under the Rent
Fourth District, Division 3 Finds Nothing Wrong With “Joint and Several” Judgment. Plaintiff sold its property and assigned its rights under a lease with a particular tenant to another company becoming a co-plaintiff in an unlawful detainer action eventually won by defendant tenant. There was a fees clause, with the lower court awarding over
Second District, Division 4 Agrees that Attorney Representing His Own Interests Cannot Recoup SLAPP Fees. Attorneys representing themselves in successful anti-SLAPP motions are not entitled to recover attorney’s fees because there are no attorney-client relationships that lead to the attorney paying or becoming liable to pay in consideration for the legal representation. (Taheri Law
