Denial of Defense Summary Judgment Motion And Trial Judge’s Remarks That Colorable Arguments Were Made For Interpretation Of An Easement Cemented The Result. The defendant in 18131 Ventura Blvd., LLC v. 5223 Linley, LLC, Case No. B307958 (2d Dist., Div. 7 Dec. 14, 2021) (unpublished) won an easement interpretation dispute but only after the […]
Lower Court Did Not Abuse Its Discretion In Appointing A Receiver To Help Enforce Spousal And Child Support Issues. Any fans of HGTV likely know of Catherine (Cat) Cora, a well-known celebrity chef. In 2017, her marriage to Jennifer Cora was dissolved, with the lower court ordering Cat to pay $8,118 in monthly child
After MFAA Arbitration, Ex-Attorney Rightly Went To Contractual Arbitration; Argument That Block Billing Violates B&P Section 6148 Is Rejected Although Retainer Said Attorney Could Block Bill. In Kling v. Horn, Case No. B305967 (2d Dist., Div. 7 Dec. 14, 2021) (unpublished), defendant ex-attorney, after engaging in a Mandatory Fee Arbitration Act (FAA) under which
However, Denial Of Expert Fees Remanded Because Trial Judge May Have Believed He Had No Discretion To Award. Herron v. County of Los Angeles, Case No. B295184 (2d Dist., Div. 7 Dec. 8, 2021) (unpublished) is an interesting case which shows how trial judges have wide discretion in awarding attorney’s fees of a reasonable
Costs Necessary And Reasonable To The Litigation Are Discretionary Award Calls By The Trial Judge. In O’Neal v. Stanislaus County Employees’ Retirement Assn., Case No. F079887 (5th Dist. Dec. 8, 2021) (unpublished), non-prevailing plaintiffs appealed certain costs awarded to The Retirement Association and Stanislaus County. The Fifth District concluded that some costs were improperly
About $83,000 In Frivolous SLAPP Fees Affirmed On Appeal. In Ibbetson v. Grant, Case Nos. G059067/G059352 (4th Dist., Div. 3 Dec. 7, 2021) (unpublished), the appellate court affirmed about an $83,000 attorney’s fees award in favor of plaintiffs for a frivolous SLAPP motion. [So, defendants, beware, you can get mandatory SLAPP fees if a
Lack of Diligence Was the End Conclusion Of This Matter. In Frye v. The Legends Golf Club, LLC, Case No. E075191 (4th Dist., Div. 2 Dec. 6, 2021) (unpublished), the appellate court colorfully led off this way: “A trial court’s award of contractual attorney fees and costs is not like a stock dividend—you must
4/1 DCA So Rules In Unpublished Opinion. In Cui v. Secured Capital Ltd. Partnership, Case No. D078538 (4th Dist., Div. 1 Dec. 2, 2021) (unpublished), a trial judge entered a $97,000 fees/costs award against a commercial tenant based on tort and premises liability claims against landlord and its real estate broker about the suitability
Penalties Will Be Recalculated And Likely Still Result In A Sizeable Penalty Award Despite Reversal, So Fee Award Was Not Disturbed. In Gunther v. Alaska Airlines, Inc., Case No. D077313 (4th Dist., Div. 1 Dec. 1, 2021) (partially published; fee discussion published), Alaska Airlines was found to be in noncompliance with California state wage
Appellate Court Rejects Per Se Rule That Denials of Summary Judgment Motion Or Directed Verdict Presents Imposition Of These Type Of Sanctions. Hi, everyone. We are back from the Thanksgiving break and hope you are all well. The fee decisions were very sparse from mid-November to now, but they are ramping back up as
