$1.1 Billion Settlement Was At Issue. We can report that a Miami-Dade Circuit Judge recently awarded plaintiffs’ counsel in the Florida condominium collapse case about $70 million-plus in attorney’s fees. They had requested $100 million in a case producing a $1.1 billion settlement paid for about 37 sources (including insurance carriers).
Although Other Settlement Procedures Could Be Utilized, Section 998 Did Not Allow Entry Of Judgment Based On A Less Than Clear Settlement. Siri v. Sutter Home Winery, Inc., Case No. A161923 (1st Dist., Div. 4 Aug. 25, 2022) (published) should remind all practitioners that CCP § 998 cannot be used as a surrogate method
Naranjo Decision Changed The Landscape. In Betancourt v. OS Restaurant Services, LLC, Case No. B293625 (2d Dist., Div. 8 Aug. 25, 2022) (unpublished), the 2/8 DCA had to revisit its denial of attorney’s fees to a plaintiff employee alleging missed rest and meal break violations and waiting penalties even though the lower court had
Defendants Had Differing Interests, And Any Duplication Could Be Remedied By A Lodestar Downward Adjustment. In Frym v. 601 Main Street LLC, Case No. A163086 (1st Dist., Div. 5 Aug. 24, 2022) (published), a trial judge granted defendant attorney’s fee request after an anti-SLAPP motion win, but the judge denied fees to the two
Defendant Could Not Renege On Joint Stipulation Wherein It Agreed That It Would Not Dispute Liability, And Would Not Dispute Plaintiff’s Entitlement To Fees/Costs Under Civil Code Sections 51 And 52. In Gutierrez v. Chopard, Case No. B309098 (2d Dist., Div. 5 August 19, 2022) (published), plaintiff, who is legally blind, filed a complaint
$765,402.60 In Fees And $36,218.95 In Costs Were Affirmed, With No Remand Needed. Plaintiffs achieving even limited success in setting aside EIR and project approvals can, and often do, obtain significant private attorney general awards, which are usually borne by the developer (because the developer has agreed to indemnify the involved government entity even
Trial Transcript Records Are Key In This Area. In Marriage of Jensen, Case No. H04948 (6th Dist. Aug. 17, 2022) (unpublished), we picked up on these takeaways: (1) Family Code section 271 sanctions need to be timely requested during family law proceedings; and (2) Family Code section 2030 “needs” based awards need to comply
A Good Reminder To Real Estate Practitioners. Norton v. Haskins, Case No. D078431 (4th Dist., Div. 1 Aug. 17, 2022) (unpublished) is a good reminder to real estate litigators/practitioners that, in general, a challenge to a lis pendens expungement fee order must be done through a writ petition, not just a normal appeal. (See
Opposing Arguments Were Dismissed, Including That A Prior Disciplined Attorney’s Rates Should Be Compromised Where No Causal Connection Demonstrated. SLAPP fees are mandatory to a prevailing defendant, such that a challenge to their reasonableness must have some bite. That bite was missing in Creative Care, Inc. v. McEntyre, Case No. B308643 (2d Dist., Div.
.5 Multiplier Based On Contingency Factor Also Sustained. In Sierra Club v. County of San Diego, Case No. D079518 (4th Dist., Div. 1 Aug. 17, 2022) (unpublished), the 4/1 DCA affirmed a $468,228.73 fees award to the Sierra Club under the private attorney general statute where a lower court vacated an EIR certification and
