Trial Court Made No Finding That SLAPP Motion Was Frivolous Or Filed Solely To Cause Unnecessary Delay Code of Civil Procedure § 425.16(c)(1) entitles a plaintiff, or cross-complainant as the case may be, prevailing on an anti-SLAPP motion to recover costs and reasonable attorney’s fees if the court finds the anti-SLAPP motion to be […]
He Served As Both An Orange County Superior Court Judge And Appellate Justice. We recently noticed that Justice David A. Thompson of the 4/3 DCA has announced he will retire on October 15, 2021 from the appellate bench, planning to return to the private sector after 24 years on the bench. Co-contributor Mike appeared
Section 6334(a) Fees Are Discretionary Even If Respondent Was A Prevailing Party. In Bennett v. Rivers, Case No. B301211 (2d Dist., Div. 3 Oct. 6, 2021) (unpublished), a respondent did prevail (although the lower court technically erred in concluding otherwise) when petitioner dismissed a domestic violence restraining order petition after she obtained a criminal
Unpublished Opinion Has Good Discussion Of Discovery Sanctions Burdens And Need To Reasonably Engage In Meet And Confer Discovery Sessions. Price-Simms, LLC v. Gallegos (Fry), Case No. A160893 (1st Dist. Div. 1 Oct. 6, 2021) (unpublished) is a situation where the appellate court affirmed a $7,550 discovery sanctions against defendant and her attorney (the
Trial Judge Did Reduce Requested Lodestar By More Than $70,000—About 60% Of The Request, Although Refusing To Award A Positive 1.5 Multiplier. Landlords in Duncan v. Kihagi, Case No. A154678 (1st Dist., Div. 1 Oct. 6, 2021) (unpublished), were not pleased when a trial judge awarded $910,752.50 in fees in favor of the winning
California Caselaw Dictated The Result. Legendary Builders v. Grovewood Properties, Case Nos. B297299 et al. (2d Dist., Div. 4 Oct. 5, 2021) (unpublished), although a convoluted opinion, stresses a lesson we have posted on under Civil Code section 1717—“incurred” is a term of art and can encompass pro bono, reduced efforts, and non-business compensation
But Unique Facts, So Do Not Think You Can Suspend Without Repercussions. Because we have to report on cases as we come upon them, we will say that Mason v. YD Window, Inc., Case No. C091415 (3d Dist. Oct. 5, 2021) (unpublished) is a little hard to decipher, but we will try. In essence,
Waiver Of Costs/Malicious Prosecution Claims Was A Valid Offer Given Offer Was Two Years Into The Litigation. In Dell v. Parmar, Case No. E073851 (4th Dist., Div. 2 Oct. 5, 2021) (unpublished), a plaintiff in a medical malpractice case lost a jury verdict after rejecting a defense section 998 motion to waive costs and
Defendants’ Filing Of The Writ Petition Was Wholly Without Merit And, Under The Standards Set Forth In Flaherty, Was Frivolous And Filed Solely To Cause Delay – Warranting $6,965.00 In Sanctions Pursuant To California Rules of Court, Rule 8.492. After defendants failed to provide discovery responses for over three years, the trial court granted
Fee Award Was Reduced From The “Asked” $63,550 In Requested Fees. In Bastida v. Zairi, Case No. B301319 (2d Dist., Div. 5 Sept. 29, 2021) (unpublished), an employee (although that characterization was disputed) won about $23,646 in compensatory damages under wage/hour claims. Plaintiff then sought $63,550 in attorney’s fees under California wage/hour fee-shifting statutes,
