Electronic Filing Fees, Messenger Costs For Serving Reply Papers, and Private Court Reporter Fees Were At Issue. Plaintiff losing her case was hit with a relatively small routine costs award. On appeal in Koerber v. Encyclopaedia Britannica, Inc., Case No. B312047 (2d Dist., Div. 2 July 13, 2022) (unpublished), plaintiff to no avail challenged […]
Also, A Probate Court Properly Sanctioned Attorney For Violating Local Rule Page Limitations. In Tukes v. Richard, Case Nos. B307242 et al. (2d Dist., Div. 8 July 12, 2022) (published), plaintiff lost SLAPP motions against two defendants, with the lower court awarding mandatory prevailing party fees of $49,071.50 and $26,905, respectively, after making some
In Doing So, It Disagreed With Different Conclusions By Two Sister Appellate Courts. Kaplan v. Davidson, Case No. B312826 (2d Dist., Div. 7 July 11, 2022) (unpublished) highlights a rift between this Division and other sister appellate courts on the question of whether denial of attorney’s fees to a plaintiff after a merits denial
ERISA Fee Entitlement Not Shown And The Winning ERISA Argument Was Not Raised Until Judgment Creditor’s Assignee Racked Up More Judgment Enforcement Expenses. Everyone does need to keep in mind, within certain legal strictures, that attorney’s fees awards are frequently driven by the equities of a case. Coastline JX Holdings LLC v. Bennett, Case
This Decision Has A Nice Discussion Of The Policies Underlying Civil Code Section 1717. There is a nice discussion of the policies underlying Civil Code section 1717 and the claims which trigger fee exposure under this statute in Engage BDR, LLC v. Amobee, Inc., Case No. B309263 (2d Dist., Div. 8 July 7, 2022)
Looking Only At The Debt Extension Agreement Was Too Myopic In Nature. In Cable v. O’Neill, Case No. D079096 (4th Dist., Div. 1 July 7, 2022) (unpublished), debtor defaulted under a loan agreement containing a contractual fees clause. Creditor and debtor then entered into a debt extension agreement not having a fees clause, but
Preliminary Approval Amount Was $1.04 Million, But Final Amount Sustained On Appeal Was $880,000. In Turman v. Parent, Case No. G060330 (4th Dist., Div. 3 July 6, 2022) (unpublished), after a decade of litigation producing several appellate decisions, all things must come to rest, parties or counsel notwithstanding. That finally occurred in this case,
Factual Nature Of The Specific Issue Was Dispositive. Litigants which win some relief against a municipality may be entitled to private attorney general fees under CCP § 1021.5. However, there are several elements they must surmount, including a paramount concern that they vindicated a significant benefit on behalf of the public or a large
Judicial Economy Seemed To Be The “Flavor” Here. In Bowerman v. Field Asset Services, Inc., Nos. 18-16303/18-17275 (9th Cir. July 5, 2022) (published), a “first impression,” narrow appellate pendent jurisdictional issue was under consideration by the Ninth Circuit. (Appellate practitioners might salivate, others not so much—but we post on it nevertheless.) However, we can
This Was A 2-1 Decision, With The Dissent Indicating Plaintiff Did Not Properly Tee This Issue Up Before The District Judge. The Ninth Circuit, in the 2-1 decision of Machowski v. 333 N. Placentia Property, LLC, No. 21-55673 (9th Cir. July 1, 2022) (published), decided that where an ADA plaintiff indicates that the litigant
