Ninth Circuit Reminds Us of Federal Fee-Shifting Provision in Remanding Case on Appeal. In Pannebecker v. Liberty Life Assur. Co. of Boston, Case No. 06-16654 (9th Cir. Sept. 18, 2008), the Ninth Circuit remanded an ERISA case after determining that the appellant did establish rights to benefits for a period of […]
Answer: Yes, in FEHA and CCP 1021.5 Situations. Generally, attorneys must file an independent collection action or enforce a contractual attorney’s lien in order to collect fees from an obstinate client, especially a client that will not allow an attorney to file a fee recovery motion against the non-prevailing side. (See,
Fourth District, Division One So Rules in Interpreting Civil Code section 1717 and Code of Civil Procedure section 998. The next case is a nice refresher on Civil Code section 1717 “prevailing party” principles and on clarity requirements for Code of Civil Procedure section 998 offers. (For more case discussion, see
Fourth District, Division Two Holds Successor Bound By Fee Clause in Loan Documents. In this interesting time of economic woes, there are many persons who “assume” loans from borrowers without lender consent. Not only can this practice likely trigger “due on sale” clauses, it also may expose the successor borrower to
Recent Fourth District, Division Two Decision Shows How California Rule of Court 8.244(d) Works In Practice. California Rules of Court, rule 8.244(d) provides: “If a guardian or conservator seeks approval of a proposed compromise of a pending appeal, the Court of Appeal may, before ruling on the compromise, direct the trial
Second District, Division Six Case Illustrates the Need to Have a Fee Entitlement Predicate for Recovery of an Attorney’s Fees Award. Mobile home purchasers sued mobile home dealer and installer, with the jury awarding plaintiffs $36,275 each against the dealer (based on breach of contract) and the installer (for negligence). The
Second District, Division Two So Rules in Case Where Ex-Police Officer Did Not Prove a Civil Rights Violation and Never Obtained Reinstatement of His Former Position in the Police Department. Plaintiff, an ex-police officer in the City of Torrance, was terminated based on a domestic violence incident resulting in his conviction
Husband’s Acquiescence to Family Court’s Determinations During Fee Proceeding Constituted Acquiescence to the Award. If there is a cardinal rule that bears repeating, it is this: in order to preserve one’s challenges for a future appeal, make your objections on the record. If not, brace yourself for a subsequent retort by
Division One Notes the Difference Between "Ordinary" and "Extraordinary" Compensation From An Estate. In a case that apparently has generated roundelays of appeals, the First District, Division One did a nice job of distinguishing "ordinary" and "extraordinary" compensation from the probate estate. The Court of Appeal, in Estate of Daley, Case
Federal Court of Appeals Find That Some Junior Attorney Work Was Not Distinctive and That Plaintiffs Needed to Show Attorneys Were Not Available to Work at Lower Hourly Rates. Under the Equal Access to Justice Act (28 U.S.C. § 2412), prevailing parties in cases brought by or against the United States
