Second District Does Not Rescue Appellant Who Failed to Appeal From Fee Award Order. Appealing timely is a jurisdictional matter. Because postjudgment orders awarding or denying costs/attorney’s fees are separately appealable, losing parties need to be vigilant. If you happen to be asleep at the wheel (and don’t separately appeal the fee […]
Trial Judge Held That Lender Lost Any Right to Deficiency So That There Was No Obligation In Existence for Offsetting Purposes. For several years culminating in a trial in late 2002, Mike Hensley represented borrowers in a judicial foreclosure action brought by an out-of-state lender seeking to obtain the collateral real
Second District Affirms $138,469.01 Fee Award For Improper Denial of Crucial Requests for Admission. Code of Civil Procedure section 2033.420(a) provides trial courts with authority to impose reasonable expenses, including reasonable attorney’s fees, which a requesting party incurs in proving the truth of any matter that is not admitted through the
“Attorney Fee Litigation: It Pays To Be Reasonable” at Southwestern Law School The National Association of Legal Fee Analysis (NALFA), a non-profit organization specializing in attorney fees and litigation costs, is sponsoring a program called “Attorney Fee Litigation: It Pays To Be Reasonable” on June 19, 2008, from noon to 5 p.m., at Southwestern Law
Liminal Determination of the Alter Ego Allegations, Before Any Liability Consideration, Deemed Inconsequential For Purposes of Applying Reynolds. Reynolds Metals Co. v. Alperson, 25 Cal.3d 124 (1979), posted in our Leading Cases, is a venerable decision holding that defendants prevailing on alter ego allegations. in a full trial of all issues,
Bussey Court Abrogates Its Own Decision in Line With Criticisms Of Sister Appellate Courts As alluded to in our June 4 post discussing the recent Richlin Security decision, there was a prior rift in opinion among the California appellate courts over whether expenses such as expert witness fees, investigator fees, long distance
Second District Awards Fees and Costs of $37,146 Against Attorney Admitting Neglect in Responding to Complaint. Can trial courts award substantial attorney’s fees against attorneys admitting neglect when they seek relief from default judgments on behalf of clients? You bet, said the Second District in a recent unpublished decision.
High Court Construes EAJA To Allow Award of Paralegal Expenses as “Fees” at “Prevailing Market Rates.” Petitioner Richlin prevailed against the Government on a claim before the Department of Transportation’s Board of Contract Appeals, and then filed an application for reimbursement, among other things, of paralegal fees pursuant to the Equal
Recent Article in California Lawyer Explores Potential Limitations on Fee Recovery for Suing Plaintiffs under CLRA. Greg Nylen, an opponent in a class action that Mike Hensley is prosecuting, has written a nifty article in the June 2008 California Lawyer, entitled “Handling Claims under the CLRA” (found at pages 43-46 of
Second District So Holds In Case of First Impression Statutory Interpretation of Welfare and Institutions Code section 15657. Welfare and Institutions Code section 15657 provides that a defendant proven liable for physical abuse or neglect under prior sections of the Elder Abuse Act, where the commission of the abuse was done
