Third District Denies Fees Where No Mediation Was Sought Before Commencement of Suit. Call us somewhat psychic. However, in our May 22, 2008 post, we hinted that there would be future discussion of whether fees will be awarded where real estate sellers or purchasers failed to satisfy the mediation condition precedent […]
DETAILED BILLING STATEMENTS ARE NOT AN ABSOLUTE REQUIREMENT IN FEE MOTION REQUESTS—BUT ARE HIGHLY ADVISABLE Third District Affirms Fee Award Based on Detailed Attorney Declaration, Holding Line Item Billing Statement Are Not An Absolute Requirement. In Steiner v. Thexton, Case No. C054605 (3d Dist. May 28, 2008) (unpublished), the Third District
Sixth District Correctly Sets Forth Standard of Review and Still Determines Prevailing Party Not Entitled to Fee Recovery Under the Mobile Residency Law, Civil Code section 1717, or the Unruh Act. In Ideal Homes v. DenHoy, Case No. H031071 (6th Dist. May 27, 2008) (unpublished), the Sixth District reminded us that
Second District Reverses Denial of Attorney’s Fees Where California Statutes Allow a Subcontractor To Seek An Award for Collection of Funds Improperly Withheld by Its Contractor. This case illustrates that a litigant should not despair if the contract does not have a proper authorization of fees. When in doubt, look, look,
Fourth District, Division 3 Finds Corporation Presented Inadequate Appellate Record to Properly Challenge Award. California Corporations Code section 317(d) allows a corporate agent who has been successful in the defense of any action by the corporation, where the purpose was to procure a judgment in the corporation’s favor “by reason of
Federal Appellate Court Finds Equal Protection Claim Demonstrated No Actual Injury and Vacates $509,000 Fee/Cost Award. Up to this point, California state court decisions have been discussed in prior postings. That is not by design; we do plan to cover California federal cases involving attorney’s fees awards, even though they
Contractual Attorney Lien Provisions in Fee Agreements Need to Comply Strictly With Dictates of Fletcher v. Davis. Many fee agreements that we see have contractual attorney lien provisions (sometimes called “charging liens”). Charging liens are liens given by clients to attorneys so that the attorneys can recover fees from settlement or
Fifth District So Holds in Recent Unpublished Decision. Plaintiff chicken feed company had defendants sign a credit application to purchase chicken feed on certain terms. Among other things, the application contained a provision for an award of attorney’s fees to the prevailing party if “any action is taken for collection on
Fourth District, Division 3 Finds Defendant Did Prevail and Award of Fees Eclipsing Damage Exposure By Three Was Not Out of Line. Imagine this one. Plaintiff sues defendant for $47,000 when defendant failed to purchase software and maintenance from plaintiff. Defendant brought a cross-claim for fraud, which it conceded was essentially
Court of Appeal Decides Reach of Civil Code section 1694.4(c) California Civil Code section 1694 et seq. provides a legislative scheme that provides consumer protection for individuals entering into dating service contracts or offers with organizations that provide social referrals services through different milieus (including the Internet). The contracts must have
