Fourth District, Division 3 So Rules in Unpublished Decision. In Nguyen v. Nguyen, Case No. G040316 (4th Dist., Div. 3 Mar. 11, 2009) (unpublished), a litigant won a bench trial and filed a costs bill, including a request for reimbursement of $2,700 for a Vietnamese interpreter for trial. The trial court awarded $4,200 for […]
Second District, Division 7 Also Decides That Alter Ego Should Have Been Added As a Defendant For Purposes of Exposure to Anti-SLAPP Fees. The next case shows that appellate courts will reinstate fee exposure where they are convinced that a party was part and parcel of a scheme to evade a judgment or was
First District Affirms, While Fourth District Reverses. Under our category “Family Law,” we previously have explored Family Code section 271, which authorizes a family law judge to award fees to a family law litigant where the other side fails to promote settlement or fails to reduce the costs of litigation by being uncooperative. Two
Two Second District Decisions, One Sixth District Decision Are Discussed. Under our category “SLAPP,” we have reviewed decisions granting and denying fee requests to successful winners in anti-SLAPP motions. Here are three recent ones to add to the database: Dodson v. Irving Pomerantz & Associates, Case No. B195289 (2d Dist., Div. 3 Mar. 11,
Fourth District, Division 3 Also Has Some Comments on Systemic Problems Plaguing Family Law Courts in Orange County. The next case is not only interesting for the legal issues discussed, but equally poignant in the way its weaves in a discussion of problems plaguing family law dockets in Orange County (and likely other California
Second District, Division 7 Finds Mutual Mistake Gave Rise to Rescission, Overturning a Landlord Win and Favorable Attorney’s Fees Award. Here is another POOF! The Second District, Division 7, in Howard v. Encino Group Retail LLC, Case No. B204865 (2d Dist., Div. 7 Mar. 18, 2009) (unpublished) reversed a summary judgment in
Fourth District, Division 3 Also Finds That Fee Clarifying Substantiation in Reply Brief Was Too Late Unless Opponent Given Opportunity for Further Response. Code of Civil Procedure section 1218(a) provides for attorney’s fees to “the party initiating the contempt” for fees which that party incurred “in connection with the contempt proceeding.” It is
Second District, Division 3 Sustains Denial of Fees under Family Code section 6344(a). The next case reinforces the notion that if you are going to appeal, make sure you develop an adequate record on review—especially so when a fee entitlement statute is permissive and any fee ruling is scrutinized under the abuse of
Fourth District, Division 1 Determines Denial of RFA Fees Was Abuse of Discretion and Needed Another Look. In our category “Requests for Admissions,” we have surveyed past decisions which have considered Code of Civil Procedure section 2033.420, which authorizes a trial court to award attorney’s fees and costs to litigants having to incur
Second District, Division 6 Considers Scope of CCP Section 720.260. Code of Civil Procedure section 720.260(c) allows a creditor with a competing claim to prevent release of funds to a secured party or lienholder claiming priority by posting an undertaking in favor of secured party/lienholder to “[i]ndemnify the secured party or lienholder against any
