Result Reminds Employers To Carefully Request A De Novo Review Of An Adverse Labor Commissioner Ruling In Favor Of Ex-Employees. Chilpa v. American Concrete Polishing Co., Case No. B294648 et al. (2d Dist., Div. 4 Oct. 4, 2022) (unpublished) is another opinion with a cautionary warning for employers suffering an adverse wage/hour Labor Commissioner […]
Nothing Demonstrated Setoff For Tort Of Another Fee Damages Could Be Obtained In A Postjudgment Phase. The result in David S. Karton, A Law Corporation v. Musick, Peeler, Garrett LLP, Case No. B305837 (2d Dist., Div. 1 Oct. 3, 2022) (published), was driven by a prior appellate opinion where a default in favor of
Co-Contributor Marc Authored An Article About Attorney Fees And The Risk Of Malpractice Exposure In The October 2022 Issue Of Orange County Lawyer. "Attorney Fees: A Potential Malpractice Minefield," authored by Marc Alexander and appearing in the October 2022 issue of Orange County Lawyer, discusses the "unhappy case" of Shahrokh Mireskandari v. Edwards Wildman
Real Moral Of The Case Is That The Fee/Costs Award Eclipsed $71,700 Compensatory Award Inclusive Of Prejudgment Interest By Quite A Bit We post on Star Restoration, Inc. v. Salame, Case Nos. B310809/B313512 (2d Dist., Div. 2 Sept. 29, 2022) (unpublished) because the affirmed result below, once again, bears out our Mission Statement that
Decision Looks Like It Recognizes That The Modern Costs Of ESI Discovery Expenses May Be Compensable In The Lower Court’s Discretion. In Russo v. Andrews, Case No. A155999 et al. (1st Dist., Div. 5 Sept. 28, 2022) (unpublished), defendants beat plaintiff in a contentious LLC operating agreement dispute, with defendants awarded damages and equitable
Lengthy Litigation Can Lead To Large Fee Awards, Which Require An Adequate Record To Challenge. The moral from Westpark Village, et al. v. Khanna, Case No. A164667 (1st Dist., Div. 2 Sept. 28, 2022) (unpublished), which involved a contractual fee award of $365,495.02 against defendants after years of litigation, is simple—make sure you have
That Meant $80.6 Million Class Counsel Fee Award Went POOF!, And Whether Fees For Parallel State Litigation Was Appropriate Had To Be Considered Based On Its Impact On Lodestar Multiplier. In Named Plaintiffs, et al. v. Apple, Inc., Case Nos. 21-15758 et al. (9th Cir. Sept. 28, 2022) (published), the Ninth Circuit, based on
Prior Dismissal Of A Premature Appeal Did Not Retard Consideration Of This Appeal, Plus Be Careful To Observe Memorandum Page Limits! Bush v. Cardinale, Case No. A158757 (1st Dist., Div. 4 Sept. 27, 2022; posted on Sept. 28, 2022) (unpublished) involved an appeal of a $2,000 CCP § 128.7 sanctions order against an attorney
Appellate Court Also Rebukes Parties And Attorneys Whose Main Quest Is To Recoup Fees After A Defeat. Here is how Doe v. McLaughlin, Case No. A161534 (1st Dist., Div. 2 Sept. 21, 2022) (published) began: “Forty-four years ago our Supreme Court admonished that ‘The purpose of litigation is to resolve participants’ disputes,
271 Fees Of $400,000 And 2030 Fees Of $60,000 Affirmed On Appeal. Ex-husband in Marriage of Regalbuto, Case Nos. B310897/B310917 (2d Dist., Div. 3 Sept. 16, 2022) (unpublished) got a “double whammy” in a consolidated domestic violence restraining order (DVRO) trial against two ex-wives. He lost the trial and, during the way and afterwards,
