Second District, Division 7 Finds Lower Court Erred in Its Application of Code of Civil Procedure Sections 998 and 1032. In our category “Section 998,” we have explored numerous cases that discuss the operation of Code of Civil Procedure section 998, a pretrial offer to compromise mechanism that can operate to deny post-offer fees […]
Sixth District Affirms Denial of Wife’s Request for Fees Based on “Need.” In Falcone v. Fyke, Case Nos. H031458 & H031792 (6th Dist. Mar. 5, 2009) (unpublished), the family law judge denied wife’s request for an award of attorney’s fees to equalize the family dispute playing field because wife did not timely file
CCP Section 527.6(i) “Prevailing Party” Language Is Broad, Rules the First District. Code of Civil Procedure section 527.6(i) authorizes a discretionary award of attorney’s fees and court costs to the prevailing party in an action to obtain a TRO or preliminary injunction prohibiting harassment. The First District, Division 5 rebuffed a losing litigant’s
Reversal Means Award Goes POOF! The POOF! principle got illustrated again, recently, in Spinks v. Equity Residential Briarwood Apartments, Case No. H031468 (6th Dist. Mar. 4, 2009) (certified for publication). There, landlords had obtained a summary judgment against tenant in a contentious landlord-tenant lawsuit after tenant’s employer terminated her and asked the landlord
Federal Court of Appeals Determines That A Broader Relevant Market Study, Not Just Past LHWCA Awards, Is In Order. The Ninth Circuit recently decided two decisions that will likely result in higher hourly rates in the lodestar analysis for practitioners submitting fee recovery requests in LHWCA cases, a result that follows from a past
Fourth District, Division 3 Reverses and Remands For Award of Additional Fees. From our category “SLAPP,” one knows by now that winning defendants are entitled to a mandatory award of fees for winning an anti-SLAPP motion. (Click here for Wikipedia article on Strategic Lawsuit Against Public Participation). The next case involves a situation in
Fourth District, Division 3 Affirms Lower Court Fees/Costs Award. Here is a sign of the times. Delinquent borrower enters into a Forbearance Agreement with lender. There is a mistaken tax refund paid to lender as part of the forbearance that gets disgorged, with borrower indicating that lender took a risk with respect to paying
Trope Does Not Bar Assistive Efforts. In Hance v. Smith, Case No. D051917 (4th Dist., Div. 1 Mar. 3, 2009) (unpublished), respondent on appeal was found to be entitled to attorney’s fees under a Memorandum of Understanding when he successfully utilized an attorney in helping fend off appellant’s motion to obtain dissolution of
Kimberly Kralowec Provides Details on the March 3, 2009 Arguments. Co-contributor Mike Hensley and his colleague Robert J. Stein III attended yesterday’s California Supreme Court’s arguments in San Francisco in Tobacco II, a case that will likely decide the impact of certain post-Proposition 64 amendments to California’s Unfair Competition Law. Kimberly A.
Court of Appeal Applies Gemini Bad Faith Test Under Civil Code Section 3426.4. Civil Code section 3426.4 is a special fee-shifting provision in the trade secret misappropriation area. It authorizes a trial court to make a discretionary award of fees and costs to the prevailing party “if a claim of misappropriation is made in
