ADA/CDPA Preemption Decision Is Amended Based on Later State Court Decision, With No Change in Result. In our July 3, 2008 post, we discussed Hubbard v. SoBreck, LLC, Case No. 06-56870 (9th Cir. 2008), which held that an award of attorney’s fees to defendant under the California Disabled Persons Act was preempted by the […]
Edition Discusses Feldman, Shopoff, and Stroud. Two articles in the January 2009 edition of the Orange County Lawyer discuss fee issues of interest in the area of family law and ethics. In “Executive Divorce,” authored by attorney Lisa Hughes, there is a discussion of Marriage of Feldman, 153 Cal.App.4th 1470 (2007). There, the
Fourth District, Division One Decision Shows the Right Way to Do It! In our category “Cases: Insurance,” we have highlighted the Brandt fees apportionment issue for insureds obtaining fee awards in their favor for purposes of recouping benefits under their insurance policies. The next case is a good illustration on how to properly
Recent Editorials By Chicago and New York Attorneys Reenergize the Debate. In the August 2007 American Bar Journal, novelist Scott Turow—himself a partner in Sonnenschein Nath & Rosenthal (a large Chicago law firm)—wrote an article entitled “The Billable Hour Must Die.” Among other things, he noted that the yearly hour targets for young associates
Fourth District, Division 1 Affirms Fee Award Granted By Arbitrator Under AAA Rule R-44(d). In our category “Cases: Estoppel,” we have reviewed cases holding that Civil Code section 1717 fee recovery is not authorized in regular court actions unless the litigant has actual entitlement to fees, with no award being justified when an opponent
Second District, Division 8 Finds Fee Fixing Award Was a Nullity or Was Mooted by Unlicensed Contractor Determination. Our category “Cases: Unlicensed Contractor” surveys decisions holding that attorney’s fees are not awardable to prevailing unlicensed contractors under Civil Code section 1717. The next case we discuss follows the result reached in those prior decisions,
First District, Division Four Affirms Fee/Costs Award on Appeal. In our category “Cases: Settlement,” we have reviewed past decisions where parties have won substantial fee/costs awards after reserving the issue for future determination as part of a settlement in an underlying case. The next opinion is one arising from the settlement of a lawsuit
Ms. Peck Reviews Stroud, Shimko, Miller, and Strong Decisions. Ellen R. Peck, a former State Bar Court judge and Encino solo practitioner, has written a fine article in the January 2009 edition of the California Bar Journal with astute tips of upfront, prophylactic actions that can be taken for successfully recovering fees in
First District, Division 4 Requires Attorney To Pay Opposition’s Fees In Order to Obtain Relief From Attorney’s Gross Neglect. Most of us are familiar with Code of Civil Procedure section 473, California’s relief statute that allows trial courts considerable discretion in granting relief from attorney’s neglect—including an award of fees for granting relief under
Second District, Division 7 Affirms the Breadth of Trial Court Discretion. In Pharmacie Nouvelle, Inc. v. A&G Wilshire, LLC, Case No. B199590 (2d Dist., Div. 7 Dec. 30, 2008) (unpublished), the Second District, Division 7 reminded us that the trial court has considerable discretion in deciding whether to require a prevailing party under Civil
