Reversal Draws A Dissent On the Fee Award Issue. Under our category “Cases: Civil Rights,” we have discussed federal civil rights decisions brought under 42 U.S.C. sec. 1983. Generally, section 1988 is a pro-plaintiff fee shifting provision, although fees can be awarded to the defense where the claim is shown to be frivolous in […]
Second District, Division 6’s Holding Designed to Promote Trust Administration by Trustees. Probate practitioners, pay attention—we have a recent unpublished case that should be of interest in your area of expertise. In Kasperbauer v. Fairfield, Case No. B200076 (2d Dist., Div. 6 Jan. 26, 2009) (unpublished), trust beneficiaries obtained orders substituting a
Second District, Division 7 Publishes Decision in Decade Long Battle Arising From Credit Impairment Allegations. Although too long to recite in detail (43 pages in length), Sanai v. Saltz, Case Nos. B198217 & B202787 (2d Dist., Div. 7 Jan. 26, 2009) (certified for publication) chronicles a donnybrook between a former in pro per renter
Fourth District, Division 2 Extends Mediation Penalty to Nonsignatories in Unpublished Opinion. In our category “Cases: Mediation,” we have surveyed decisions warning all participants in a real estate transaction to satisfy a mediation requirement if it is called for as a requisite of obtaining an award of attorney’s fees under a fees clause. (Two
Fourth District, Division 3 Affirms Costs Award in Favor of Winning Individual Defendant. If you are a plaintiff suing for employment retaliation, do not think that the suit carries little risks. Routine, non-fee costs of a substantial nature can still be assessed against you. Also, you as the plaintiff need to seriously evaluate
Fifth District Finds that Corporations Code Section 800 Is a Bond/Security Statute, Not Fee Liability Statute. The Fifth District, in West Hills Farms, Inc. v. RCO Ag Credit, Inc., Case No. F054748 (5th Dist. Jan. 26, 2009) (certified for partial publication), found that a prevailing defendant in a shareholder derivative action is limited to
California Supreme Court Adopts Justice Chin’s Concurring Analysis in Lerner v. Aguilar. Today, the California Supreme Court resolved an interplay between the mandatory fee arbitration act (MFAA, Bus. & Prof. Code, § 6200 et seq.) and the California Arbitration Act (CAA, Code Civ. Proc., § 1280 et seq.). In Schatz v. Allen Matkins
Third District Finds Defect Was Not Jurisdictional in Unpublished Decision. California Rules of Court, rule 3.1700 contains provisions relating to deadlines and requirements for filing and serving costs memoranda by prevailing litigants. Some of the requirements are: (1) a verification about accuracy of costs must be based on the declarant’s knowledge; (2) the
Second District, Division 7 Remands for Further Fee Proceedings. City of Los Angeles won attorney’s fees against a replacement contractor selected by a bonding surety, where surety and replacement contractor entered into contractual agreements incorporating original agreements between City and the replaced contractor. Replacement contractor lost in the construction litigation, with the trial court
Although we rarely venture out of the attorney’s fees area, we commend for reading the Fourth District, Division Three’s recent published decision in Oldcastle Precast, Inc. v. Lumbermens Mutual Cas. Co., Case No. G038645 (4th Dist., Div. 3 Jan. 23, 2009). In a 3-0 decision authored by Justice Fybel, the appellate court provided
