Analysis Of Other Cases So Confirmed. In Vallejo v. Fire Ins. Exchange, Case No. C091547 (3d Dist. Nov. 21, 2022) (unpublished), the Court of Appeal faced a narrow issue: under Brandt v. Superior Court, 37 Cal.3d 813 (1985), does an insurer receive routine litigation expenses as a recovery in addition to attorney’s fees to […]
Settlement With Other Parties Did Not Impact Analysis Of Fee Reasonableness As To The Prevailing Defendant. Carp Property, LLC v. Corona, Case No. B316354 (2d Dist., Div. 6 Nov. 17, 2022) (unpublished) was a situation where plaintiff litigated a matter for two years where there was a contractual fees clause in an operative agreement,
Appellate Decision Suggested That San Dieguito Partnership Decision Was Undermined By PLCM Group. Because appellant really failed to support challenges to a fee decision, dicta in Counts v. Chadwick, Case No. A163282 (1st Dist., Div. 1 Nov. 15, 2022) (unpublished) has more importance for practitioners in fee proceedings. Specifically, appellant claimed that an award
Costs For Non-Expert Treating Physicians And Exhibit Work By Law Firm Regularly Salaried Employee Were Not Proper Subjects Of An Award. Plaintiff husband (and his wife to some extent) were awarded over $3.7 million in a vehicular personal injury action against defendant, with the lower court later awarding plaintiff $322,812 in costs (out of
Appellant’s Claim For An Offset Based On An Appellate Costs Award Was Rejected Because Appellant Failed To Renew His Judgment Before The 10-Year Deadline Ran. In Henry v. Dawson, Case No. G061115 (4th Dist., Div. 3 Nov. 15, 2022) (unpublished), the 4/3 DCA affirmed that CourtCall and electronic filing expenses are allowable in the
Statutory Provision Allows For These Awards Where An Ex-Spouse/Ex-Partner Fails To Satisfy His/Her Disclosure Violations In A Dissolution Proceeding. Family Code section 2107(c) allows a family law judge to award fees, costs, and sanctions for disclosure violations during a dissolution proceeding, with certain disclosure obligations triggered by the service of the divorce action. In
Also, Fee Motion Was Timely Filed Based On Notice of Entry of Judgment Containing Two Documents Comprising The Judgment. In Karamooz v. Karamooz, Case No. G060515 (4th Dist., Div. 3 Nov. 14, 2022) (unpublished), authored by Justice Moore, sole trust beneficiary earlier had obtained a $212,089.25 attorney’s fees award under Probate Code section 8804(c),
$58,400 In Sanctions Were Imposed. In In re Marriage of Blake & Langer, Case No. B311966 (2d Dist., Div. 4 Nov. 10, 2022) (published), husband filed a joinder complaint against wife’s brother and wife’s father in wife’s dissolution action. Wife’s brother filed a frivolous motion to disqualify husband’s attorneys. Husband filed a Family Code
Even Though Plaintiff Only Obtained Compensatory Damages, As Remitted Twice, Of $116,975.23. The Copyright Act has a discretionary fee-shifting statute, giving considerable discretion to district judges in making or denying an award of fees. To show how the fees and costs award can be much more than a compensatory damages award, we refer you
Responding To Some More Of The Defense Arguments In The Reply Brief Was Too Late. In GI Excellence, Inc. v. Padda, Case No. E076843 (4th Dist., Div. 2 Nov. 7, 2022) (unpublished), plaintiffs won around $65,000 in compensatory damages and then moved to recover $755,300 in contractual attorney’s fees. The lower court denied the
