Although Retainer Agreement Had A Limited Scope of Engagement, The Record Showed Client Made Promises To Ratify The Expanded Engagement And Pay Justifying A Judgment Based On Contract Breach, Unjust Enrichment, and Quantum Meruit Theories. If you are the client and make written promises to pay for expanded scope of services, you are likely to […]
Ex-Husband Was The Higher Wage Earner, Such That The Record Supported Needs-Based Fees And An Award Of 271 Sanctions To Ex-Wife. Marriage of Stout, Case No. B343600 (2d Dist., Div. 1 July 24, 2026) (unpublished) was a situation where an ex-husband, the higher wage earner by far, sold a motorcycle in breach of fiduciary duties,
Reversed Order Occurred Because Litigant Could Pursue Option To Present Oral Testimony Even If That Strategy Was Unsuccessful. In Marriage of Diaz and Zesati, Case Nos. 338823 et al. (2d Dist., Div. 7 July 21, 2026) (unpublished), ex-husband was assessed two Family Code section 271 sanctions awards, one for $27,000 and the other for $9,500
A Final Determination On The Merits Was Not Required In CLRA Cases, Unlike Unruh Or Disabled Persons Act Matters. In Garcia v. SouthNorte Spirits LLC, Case No. B345897 (2d Dist., Div. 2 July 21, 2026) (unpublished), a plaintiff bringing a Consumer Legal Remedies Act (CLRA) case for tequila ingredient mislabeling reached a settlement for $2,500
. . . However, A Costs Item For Models And Exhibit Photocopies Was Stricken On Appeal, Because Costs Relating To A Demurrer Hearing Are Not Recoverable Because Costs Statute Only Applies To Trier Of Fact Stages Of The Litigation. Marosi v. TriCo Bancoshares, Case No. H051989 et al. (6th Dist. July 20, 2026) (unpublished) is
Besides, The Fee Request Was $52,215, So The Lower Court Did Exercise Discretion. In Obiora v. PWxyz, LLC, Case No. B349757 (2d Dist., Div. 3 July 20, 2026) (unpublished), after a SLAPP grant, an attorney’s fees award of $40,000 was awarded to the prevailing party, although the total request was $52,215. The appellate court affirmed,
As A Matter Of Law, The Totality Of Circumstances Showed No Predicate For 271 Sanctions. The result in Marriage of Ortiz and Rivera, Case No. G064694 (4th Dist., Div. 3 July 15, 2026) (unpublished) does not happen often, but it does show that an appellate court can review the entire record and determine that, as
Lower Court Did Reduce The Requested Fees By About 30%. A neighbor won a civil harassment restraining order proceeding in Judson v. Tait, Case No. B346920 (2d Dist., Div. 6 July 14, 2026) (unpublished), subsequently requesting prevailing party fees of $76,467 under a fee-shifting statute in this area. The lower court reduced the request by
No Per Page Charge Is A Mandatory Requirement. In Moving Oxnard Forward, Inc. v. City of Oxnard, Case No. B338323 (2d Dist., Div. 6 July 14, 2026) (unpublished), City was awarded $26,489.42 in costs under CCP § 1094.5(a) for lawyer and paralegal time in preparing an administrative record even though the costs memorandum was filed
However, Ninth Circuit Did Agree The District Court, On Remand, Could Find Use of Recycled Work And Errors In The Fee Petition Would Justify A Reduction On Reasonableness Grounds. In Price v. Diab, No. 25-713 (9th Cir. July 13, 2026) (published), the district court granted an American with Disability Act (ADA) plaintiff a default injunction
