Author name: William M. (Mike) Hensley

Allocation, Probate, Special Fee Shifting Statutes: Where There Were Dueling Probate Petitions For Financial Elder Abuse Claims, The Prevailing Petitioner—Even Though A Cross-Respondent Defensing The Unsuccessful Elder Abuse Petition—Was Entitled To Intertwined Fee Work For Prevailing As A Petitioner And Defending As A Cross-Respondent

Cases: Allocation, Cases: Probate, Cases: Special Fee Shifting Statutes

Other Cases In Unilateral Fee-Shifting Contexts Were Distinguishable. In Haun v. Pagano, Case No. D084385 (4th Dist., Div. 1 Jan. 18, 2026) (published), the nature of the probate proceedings looks like it drove the result in the case as far as awarding fees under the financial elder abuse statute, which only allows unilateral fee-shifting in […]

Family Law, Sanctions: Family Law Section 271 Sanctions Of $35,000 Reversed Against Ex-Husband Because . . . .

Cases: Family Law, Cases: Sanctions

His Failure To Stipulate Did Not Show Bad Faith Under The Circumstances And The Awarded Sanctions Were Not Tethered To Any Specific Conduct. Family Code section 271 does allow for monetary “sanctions” against a family law litigant who tries to not foster resolution and makes the proceedings more expensive.  However, they are not a general

Costs, Section 998: Because Defense 998 Offer Was Valid And It Defensed The Plaintiff, Routine Costs Were Allowable But Had To Be Further Reduced

Cases: Costs, Cases: Section 998

After The Lower Court Erred In Not Taxing Some Routine Costs, Especially Some Conceded By The Defense As Being Erroneous, The Costs Judgment Had To Be Modified On Appeal. Reyes-Gonzalez v. Color Marble, Inc., Case No. B350612 (2d Dist., Div. 7 Feb. 17, 2026) (unpublished) involved a case where plaintiff was “defensed” by the defendant,

Deadlines, Family Law: Appellate Fees Properly Denied As Untimely And Marital Settlement Agreement Fees Denied To Ex-Wife, But Needs-Based Fees Had To Be Revisited

Cases: Deadlines, Cases: Family Law

Lack Of Family Code Section 2030 Findings Constituted An Abuse Of Discretion. In Marriage of Tran and Ha, Case No. G064047 (4th Dist., Div. 3 Feb. 17, 2026) (unpublished), ex-wife’s requests for two sets of fees (which were denied) did not result in a relook on appeal, but her request for non-appellate, needs-based fees had

Arbitration: Another Post-Hohenshelt Reversal For The Defense Arguably Not Paying One Invoice On Time

Cases: Arbitration

Although Remanded, Facts Suggested A Possible Delay Because Of A Calamity Evacuation By Defense Counsel. As we have said before, the CCP § 1281.98 defense missed payment deadline for employer/employee cases have resulted in many reversals and remands.  That also occurred in Colon-Perez v. Security Industry Specialists, Case No. A168297 (1st Dist., Div. 1 Feb.

Discovery: $20,000 Discovery Sanctions For Litigant’s Failure To Meet And Confer On Third Party Subpoena Is Affirmed On Appeal

Cases: Discovery

Substantial Evidence Supported The Result, Not To Mention A $35,000 Reduction In Requested Fees Showed No Arbitrary Result. Discovery disputes are contentious, and lower courts have a hard time on them based on the numerous issues that may be involved.  However, they have no problems sanctioning for a failure to meet and confer.  And that

Deadlines: Failure Of Losing Plaintiff to File A Motion To Tax Trial And Appellate Costs Waived Challenges To Routine Costs Entered By The Clerk

Cases: Deadlines

Lower Court Implicitly Extended The Deadline When Plaintiff’s Attorney Indicated Not Receiving The Trial Cost Memorandum (Which Was Cured), With Plaintiff Also Not Showing The Allowed Costs Were Improper—No Reversible Error. In Kirk v. Quirino, Case No. B340782 (2d Dist., Div. 7 Feb. 11, 2026) (unpublished), plaintiff lost a car accident case, with the lower

Section 1717: Where Plaintiff Pled Claims Based On Operating Agreements With Contractual Fee Clauses, It Did Not Matter If They Had Tort Origins

Cases: Section 1717

The Dismissed Claims Were “On The Contract” Under Civil Code Section 1717. We think that sometimes litigants and practitioners do not appreciate that Civil Code section 1717’s definition of “on the contract” is liberally construed, meaning that even tort claims based on contractual documents frequently will give rise to fee exposure.  JAJ3, LLC v. Bren,

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