Once Forgery Challenges Were Lost, The Fees And Costs Orders Were Just Fine. In Ameris Bank v. Jean-Baptiste, Case Nos. D079378/D079944 (4th Dist., Div. 1 Dec. 15, 2022) (unpublished), borrower lost forgery challenges to a note and deed of trust. Once the validity of the loan documents was sustained in favor of bank by […]
$73,000 Was The 2030 Fees Award. As we wind down on another year (can you believe it), we have to say that family law is a nuanced area of the law and seems to be driven by factual circumstances and the equities in a lot of cases we have posted on over the years.
Plaintiff’s Injunctive Relief Allegations Triggered Civil Code Section 55, Which Allowed Fees To The Defense—Allegations Matter In These Cases. Sandoval v. Nippon Life Ins. Co. of America, Case No. E077245 (4th Dist., Div. 2 Dec. 12, 2022) (unpublished) is an interesting disabled person website case which was voluntarily dismissed without prejudice after some discovery.
Plaintiff’s Appeal Of Order Staying Fee Motion To Determine 998 Offer Validity Was Non-appealable, But Validity Of The Offer Means That No Post-Offer Fees Are Due to Plaintiff On Remand (Likely). Smalley v. Subaru of America, Inc., Case Nos. G059904/G060441 (4th Dist., Div. 3 December 13, 2022) (unpublished) is complementary of our July 5,
Liability Cap Did Not Apply To Fees, Out-Of-County Attorneys Showed Good Cause To Represent Defendants In Tuolumne County, And Trial Judge Reduced Fee Request By 20%. In Apartment Rental Assistance II, Inc. v. 80 Oak Hills, L.P., Case No. F083238 (5th Dist. Dec. 13, 2022) (unpublished), buyer plaintiffs lost a summary judgment to seller
$6,900 Was The Sanctions Order Amount. In Kitami v. Sabrah, Case No. A164399 (1st Dist., Div. 2 Dec. 13, 2022) (unpublished), plaintiff was hit with an adverse $6,900 discovery sanctions order. But that order was after the case had been removed to federal court. As a result, it had to be reversed for lack
2022 Rates Were Lower Because Of Discounts And Increased Write-Offs. U.S. law firm leaders informed Wells Fargo Legal Specialty Group that their firms will increase hourly rates by an average of 7-8% in 2023, before discounting. For 2022, rates were lower because of bigger discounts and increased write-offs.
$25,000 Sanctions Order Was Not Subject To Review. In Marriage of Freeman, Case No. B311411 (2d Dist., Div. 6 Dec. 6, 2022) (unpublished; opinion after rehearing), ex-wife was peeved she was assessed with Family Code section 2071 sanctions to the tune of $25,000. However, her challenges could not be entertained because she did not
Plaintiffs’ Lack Of Success At Trial Does Not Demonstrate That They Acted Unreasonably Or In Bad Faith In Denying Requests For Admissions Propounded By Defendants. In Walter v. Estate Strategies, Case No. B280172 (2d Dist., Div. 6 December 5, 2022) (unpublished), defendants moved for and were awarded $1,000,981.50 in costs of proof sanctions, under
Statutory Basis Supported Plaintiff’s Recovery of Attorney Fees Directly From Subcontractor. In Nassif v. Mission Pools of Escondido, Case No. G060433 (4th Dist., Div. 3 December 5, 2022) (unpublished), swimming pool contractor and subcontractor were sued for substandard work relating to the design and construction of a swimming pool. Pursuant to the global
