First District, Division 3 Reverses Fee Award. As we have seen in cases reviewed in our category “SLAPP,” prevailing defendants on SLAPP motions are entitled to mandatory reasonable attorney’s fees. However, plaintiffs can get them if the court finds that the defendant’s SLAPP motion was frivolous or intended for dilatory purposes. Code Civ. Proc., […]
Only One-Third in Extraordinary Compensation Granted to Attorney Under Probate Code Section 10811. Attorney for personal estate representatives was only awarded $20,912.50 out of a requested $62,737.50 in extraordinary compensation under Probate Code section 10811(a), which allows for such an award “in an amount the court determines is just and reasonable.” Unhappy, he appealed
Appellate Court Does Remand to Consider “Fees on Fees” Request. The next case is an interesting one with respect to using fee experts when moving for fee recovery. Where the expert has published a treatise, the Court of Appeal may use that treatise against the fee claimant’s position. That happened in the next decision
Court of Appeal Examines Various Provisions on Awarding Probate Fees and on Having Trust Pay the Fee Awards. In two somewhat companion cases, the Fourth District, Division 2 has done a nice job of examining various Probate Code statutes relating to the award of attorney’s fees and where they should be paid from.
Sometime during the week of December 14, 2009, Merced County Superior Court Judge Brian L. McCabe ruled that the California Department of Motor Vehicles had to pay $69,400 in attorney’s fees to Americans for Safe Access, a non-profit group, in a lawsuit against the DMV for a policy of unjustly revoking derivers’ licenses of
Third District Reinforces the Waiver Principle in an Unpublished Decision. Although arising in the context of an appeal by an in pro per litigant, the Third District in Westlake v. Willms, Case Nos. C058379/C059434 (3d Dist. Dec. 23, 2009) (unpublished) helps reinforce a lesson iterated in many of our past posts under the category
Spousal Support Settlement Showed Ability to Pay By Wife; Wife’s Refusal to Sign Escrow Instructions Justified Sanctions. In our category “Family Law,” we have many times explored the bases for fee awards under Family Code sections 2030/2032 and sanctions awards under Family Code section 271. Here is another one, which shows that awards will
$20,000 Fee Award Reversed Where Class Action Attorney Requested $263,606 in Fees. The next case illustrates that California courts generally require use of the lodestar method in non-common fund cases. Trial judges cannot simply use the common fund method in a case that really isn’t a fund case; in these instances, the lodestar
McDonald’s Meeting With Lawyer and Client in Civil Rights Claim Lands Lawyer in Trouble with Federal District Judge. We know there is a popular saying “he is the real McCoy” and also know Sam Waterston’s portrayal of D.A. Jack McCoy on “Law and Order.” However, Bay Area attorney Waukeen McCoy has gained some
