1. PLCM Group, Inc. v. Drexler, 22 Cal.4th 1084 (2000). Most recent California Supreme Court decision (1) observing fee awards are governed by equitable principles (pages 1094-1095); (2) listing factors to be used in calculating the lodestar (page 1096); and (3) confirming that standard of review for fee award amounts is manifest abuse of […]
Fourth District, Division 3 Dismisses Appeal Based on Untimely Filing. The Fourth District, Division 3, in Kimball Avenue v. Franco, Case No. G039767 (4th Dist., Div. 3 May 13, 2008), chronicles a sobering message for any unsuccessful litigant—appeal filing deadlines are jurisdictional and a lower court, no matter how well intentioned,
As one appellate jurist wisely observed, "All too often attorney fees become the tail that wags the dog in litigation." Deane Gardenhome Assn. v. Dentkas, 13 Cal.App.4th 1394, 1399 (1993). This fundamental truth is one of the principal reasons that inspired our weblog. We have found that litigation over such issues as what party is
Sixth District Court of Appeal Found Prior Probate Court Order Denying Fees Did Not Collaterally Bar Attorneys’ Subsequent Attempts to Obtain Fees for Personal Services Rendered to Executor. In a rather technical opinion arising in the probate context, the Sixth District Court of Appeal validated attorneys’ efforts to recover fees from
FORMAL OPINION NO. 2008-175 1. When a client instructs successor counsel not to disclose a settlement to a prior counsel with a valid lien, successor counsel must advise the client of the adverse ramifications of concealing the settlement, including
Unpublished Second District Decision Denies Attorney’s Fees to Successful Lender in Wrongful Foreclosure Suit Where Trust Deed Provisions Are Narrowly Crafted. Lenders beware! Even in the wake of subprime fallout, do not count on your trust deed provisions regarding attorney’s fees to guarantee success even where you prevail in wrongful foreclosure
Rule 2-200. Financial Arrangements Among Lawyers (A) A member shall not divide a fee for legal services with a lawyer who is not a partner of, associate of, or shareholder with the member unless: (1) The client has consented in writing thereto after a full disclosure has been made in writing that a division of
Civil Code 1717. (a) In any action on a contract, where the contractspecifically provides that attorney’s fees and costs, which areincurred to enforce that contract, shall be awarded either to one ofthe parties or to the prevailing party, then the party who isdetermined to be the party prevailing on the contract, whether he orshe is
SECOND DISTRICT COURT OF APPEAL DISCUSSES TRIAL COURT’S DISCRETION TO REDUCE CIVIL CODE SECTION 1717 CONTRACTUAL FEE AWARD WHERE WINNING LITIGANT INCREASED UNNECESSARY FEES BY ITS LITIGATION CONDUCT. The Second District Court of Appeal, in a 2-1 opinion with an extensive dissent by Presiding Justice Cooper, has penned a very interesting
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