Self-Represented In Pro Per Plaintiff Could Not Surmount Abuse Of Discretion Standard On Amount Of Fees. We know by now that the SLAPP statute has a mandatory fee-shifting provision in favor of successful defendants. So unless timeliness is an issue, the amount of the fees to be awarded is usually the pivotal issue. In […]
No Prevailing Party Discretionary Determination Affirmed On Appeal, With Concurring Justice Also Observing That The Lack Of A Reporter’s Transcript Of The Fee Hearing Was Fatal. In Deep Green Nation Collision, Inc. v. Park, Case No. B339499 (2d Dist., Div. 5 June 9, 2025) (unpublished), plaintiff won a jury verdict of $256,851 on breach
128.5 Sanctions Motion Did Not Comply With Procedural Prerequisites, While Her Status As Former Counsel Did Not Give Proper Opportunity To Contest The Fees Awarded Under CCP § 396b. In Estate of Miller, Case No. G064476 (4th Dist., Div. 3 June 6, 2025) (unpublished), the underlying matter involved a dispute between two siblings over
Section 271 Sanctions Order Against Her Not Tethered To Expenses, And Her Denied Sanctions Request Was Properly Raised Through A Responsive Declaration To A Different Motion Not Seeking Sanctions. In Marriage of Kapila and Deshmukh, Case No. A170589 (1st Dist., Div. 5 June 3, 2025) (unpublished), wife was hit with a $50,000 sanctions award
First Offer, A “Waiver Of Costs” Offer, Was Valid and Made In Good Faith, Given The Jury Came Back With A Defense Verdict. CCP § 998 can be a game changer, depending on when it is made, how it is fashioned, and if it complies with the statutory requirements. All of that led to
The Result Was That HOA Was Not Entitled To Prevailing Party Attorney’s Fees. “Prevailing party” determinations, frequently, depend on whether a trial judge believes a litigant truly met its litigation objectives. Generally, if a result is a “mixed” good/bad result, the litigant does not obtain attorney’s fees under a fee-shifting statute. That conclusion resonated
Hearsay Evidence Could Be Credited By Analogy To A Family Law Case—Problematic, But OK Because Unpublished. In Berry v. Pope Valley Union Elementary School Dist., Case No, A171352 (1st Dist., Div. 3 June 2, 2025) (unpublished), defendants won SLAPP motions and were awarded roughly $11,000 at the trial court level. Those rulings held up
In A 2-1 Opinion, Majority Holds The Federal Standards Are Inconsistent With The State Standard Giving The Trial Judge The Power To Adjudge Based On His/Her Experience. We were wondering when an appellate court would take on a split in intermediate appellate thinking on whether across-the-board reductions for unreasonable padding, duplicative work, and unnecessary
Sanctions Fell Within “Unusual Forms Of Discovery Dispute” Situations Encompassed In PricewaterhouseCoopers Decision. In City of Los Angeles v. PricewaterhouseCoopers, LLP, 17 Cal.5th 46, 72-74 (2024), the California Supreme Court determined that the inherent authority of the court could allow for imposition of discovery sanctions, independent of express Discovery Act provisions, where there were
Those Two Duties Are Very Different. For insurance coverage and bad faith practitioners, Bartel v. Chicago Title Ins. Co., Case No. H052083 (6th Dist. May 12, 2025 unpublished; May 30, 2025 published), may have salience for you. There, in a very complicated case, some Brandt fees were awarded for some discrete periods of time.
