Second District, Division 7 HOA Decision Is Now on the Books! On April 7, 2009, we reported on the HOA decision of Martin v. Bridgeport Community Association, Inc., Case No. B206686 (2d Dist., Div. 7). At the time, it was unpublished. However, on May 6, 2009, the Court of Appeal certified it for publication. […]
Inadequate Record Dooms Appeal of $4,000 Fee Award Against Husband. In Marriage of Katz, Case No. G040685 (4th Dist., Div. 3 May 5, 2009) (unpublished), the husband was ordered to pay $4,000 of his wife’s attorney’s fees under Family Code sections 2030/2032, even though wife sought fees of $5,562 for husband’s claimed failure to
First District, Division 3 Affirms Trial Court’s Denial of Fees After Litigant Waited 17 Months Before Moving For a Fee Award. Boy, we knew that the next case was ominous for somebody when the appellate court opened with this sentence: “By their inaction, counsel for the plaintiff, have permitted a large measure of victory
Sixth District Also Finds No Abuse In Fee Award In Previous Action Under Private Attorney General Statute. The next case involves the extent to which successful attorneys in a plaintiff’s class action should be awarded fees for amicus curiae work in another action that dealt with the same issues and eventually led to a
Diocese Seeking Fees From Breakaway Faction in Orange County Superior Court. Here is one brewing in the backyards of where the contributors to this blog base their practices. The Episcopal Diocese of Los Angeles is seeking to recover its attorney’s fees and court costs from the church and certain members who voted to
Result Was An Adverse Fee/Cost Award of Over $275,000 In Gupta v. Shue, Case No. B198449 (Apr. 30, 2009) (unpublished), both sides engaged in bitter, protracted litigation over whether each received, by assignment, a general partnership interest in a real estate limited partnership—with the limited partnership caught in the middle of the litigation. After
Citizens Group Awarded Over $175,000 in Fees For Successful Attack of Santa Barbara Proposed Housing Project. Citizens Planning Association (CPA) were awarded over $175,000 in attorney’s fees ($117,228 lodestar, based on four attorneys charging $350 an hour, plus a $60,000 multiplier add-on) for successfully attacking the City of Santa Barbara’s environmental analysis of the
Fifth District So Holds in Recent Published Decision Involving Carl Sparks. With certain exceptions, a California public entity must provide a defense in any civil action brought against an employee or former employee arising out of that employee’s act or omission in the scope of employment. (Gov. Code, sec. 995.) However, the Government Claims
Sixth District Rules Again On Dissolution Dispute Between Repeat Litigants. In Marriage of Falcone and Fyke, Cases Nos. H032396 & H032482 (6th Dist. May 1, 2009) (unpublished), the Sixth District dealt, yet again, with a former husband and wife that had been before it on numerous occasions. (We, too, have posted on their prior
Federal Court of Appeals Refuses to Follow Contrary Fourth, Fifth, and Sixth Circuit Decisions on the Issue. For all you attorneys specializing in practice under the Longshore and Harbor Workers’ Compensation Act (LHWCA), the next one is for you. LHWCA section 928 provides that under certain circumstances employers must pay a “reasonable attorney’s
