Author name: William M. (Mike) Hensley

Arbitration: Finding No Basis For Vacatur, Appellate Court Affirms $12 Million-Plus Arbitration Award In Employment Case

Cases: Arbitration

. . . Inclusive Of A Total Of $957,640.27 In Fees And Costs Award Components. Arbitration awards, even if wrong on the merits, are difficult to overturn based on the latitude afforded arbitrators in the absent of an arbitration agreement requiring more stringent protocols.  Shifrin v. Strata Equity Global, Inc., Case No. D085526 (4th Dist., […]

POOF!, Sanctions: Lower Court’s Dismissal Of Case For Late Filing Of Joint Pretrial Documents Under LASC Local Rule Reversed As Disproportionate

Cases: POOF!, Cases: Sanctions

$84,600 In Attorney’s Fees Went POOF! With The Merits Reversal. In Meinhardt v. Sunny Acre LLC,Case No. B343467 (2d Dist., Div. 5 June 23, 2026) (unpublished), the 2/5 DCA reversed a lower court’s dismissal of plaintiffs’ case and imposition of an $84,600 attorney’s fees award where plaintiffs tardily filed joint pretrial disclosures the day before

Liens For Attorney Fees, Retainer Agreements: Plaintiff’s Failure To Obtain A Valid Fee Division Agreement With Other Law Firm Members, After She Left, Means That The Other Attorneys Faced No Fee Exposure For Disbursing Recovery Funds

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

The Contractual Attorney’s Lien Was Between Plaintiff And The Client, So No Fiduciary Duty Was Owed By The Other Firm Members To Plaintiffs. In Palmieri v. Foondos, Case No. C100383 (3d Dist. June 22, 2026) (unpublished), a fight developed between plaintiff and other members of a law firm she left with respect to recovery of

Special Fee Shifting Statutes: Civil Harassment Petition Dismissed Without Prejudice Did Trigger Attorney’s Fees Under CCP § 527.6

Cases: Special Fee Shifting Statutes

$12,500 In Attorney’s Fees Was The Result. In Loew v. Robinson, Case No. B346996 (2d Dist., Div. 6 June 22, 2026) (unpublished), a litigant dismissing a civil harassment restraining order, after obtaining a liminal temporary restraining order, was assessed $12,500 in attorney’s fees under CCP § 527.6 under a discretionary fee-shifting statute as against the

Sanctions: Mississippi District Court Decision Not Only Imposes Monetary Sanctions But Disqualifies Attorneys From The Case And Mandates Reporting To State Bars For Using AI Hallucinations In Court Filings

Cases: Sanctions

FRCP 11 Was The Source Of The Sanctions, With Monetary Sanctions Depending On Whether The Conduct Was In Bad Faith Or Merely Careless. We have blogged on numerous California appellate opinions sanctioning attorneys for utilizing AI when it produced hallucinations for which opposing parties or the appellate courts must parse through, eventually discovering that the

Allocation, Costs, Homeowner Associations, Prevailing Party On Appeal:  HOA Was The Prevailing Party For Appellate Costs And Fees

Cases: Allocation, Cases: Costs, Cases: Homeowner Associations, Cases: Prevailing Party

. . . But Fees Had To Be Allocated To Only Successful Claims Because Opponent Prevailed On Some Issues. The Colony at Cal. Oaks HOA v. Majestic Asset Mgt., LLC, Case No. D083140 (4th Dist., Div. 1 June 18, 2026) (unpublished) was an HOA versus certain member dispute involving a golf course.  The case, on

Appealability, SLAPP: 2/7 DCA Again Holds That Order Granting Prevailing Party’s Motion For SLAPP Fees Is Not Appealable

Cases: Appealability, Cases: SLAPP

This Follows Its Earlier Conclusion In The Published Clapkin Case. On March 17, 2026, we posted on Clapkin v. Levin, 119 Cal.App.5th 222 (2026), a 2/7 DCA opinion where the appellate court determined that an order denying a SLAPP fee motion is not appealable.  The same Division followed that reasoning in Moussazadeh v. Integrative Surgical

Employment, Lodestar, Multipliers, Reasonableness Of Fees: Taduran Decision Recently Certified For Publication

Cases: Employment, Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees

Opinion Affirmed A Negative Multiplier And Rejection Of A Positive Multiplier When Prevailing Employee Challenged The Fee Award As Too Small Under The Abuse Of Discretion Review Standard. In our May 29, 2026 post, we discussed Taduran v. James R. Glidewell, Dental Ceramics, Inc., Case No. G06478 (4th Dist., Div. 3 May 26, 2026 filed;

Prevailing Party, Receivers, Special Fee Shifting Statutes: Sisters Escaping Liability To County/Receiver In State Housing Law Abatement Receivership Were Entitled To Fees Under Health & Safety Code Section 17980.7(c)(11)—They Were Prevailing Parties

Cases: Prevailing Party, Cases: Receivers, Cases: Special Fee Shifting Statutes

More Generalized H&S Code Section 17984 Did Not Trump More Specific, Recently Enacted Statute, With Sisters Being The Parties Obtaining Their Specific Litigation Objectives Although The County Did Somewhat Prevail On More Tangential Issues. In County of Del Norte v. Britt, Case No. A173145 (1st Dist., Div. 3 June 11, 2026) (partially published; fee discussion

Sanctions: Total Sanctions Of $6,000 Under CCP § 128.7, $5,000 To The Primary Defendant And $1,000 To The Lower Court, Was No Abuse Of Discretion Given Plaintiffs’ Attorneys Being Unable To Explain Why They Opposed A Stay Motion And Given Delegation To A Contract Attorney Who Cited To Non-Existent Cases, Hallucinations, And Citations Which Did Not Exist In Cases Relied On In The Stay Opposition

Cases: Sanctions

Attorneys’ Safe Harbor/Technical § 128.7 Arguments Were Forfeited Because They Were Not Raised Before The Lower Court—Not To Mention Attorneys Could Have Withdrawn Their Stay Opposition. Bad facts generally lead to losing appeals, and possibly more repercussions.  Here, both the lower and appellate courts found that lead attorneys in two overlapping class actions had incredulous

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