Author name: William M. (Mike) Hensley

Cases Under Review

Cases: Cases Under Review

Across-The-Board Fee Reductions, Option-Based 998 Offers, And State Bar Probation Issues Are Under Review. Here are some attorney‘s fees issues pending for review before the California Supreme Court: 1.  Cash v. County of Los Angeles, S 291827, 111 Cal.App.5th 74 – – whether a trial court’s across-the-board reduction in fees triggers heightened scrutiny of the

Appeal Sanctions, Discovery: Denial Of Discovery Sanctions Was Nonappealable, $1,500 Discovery Sanctions Was Nonappealable, And $6,500 Discovery Sanctions Was No Abuse Of Discretion

Cases: Appeal Sanctions, Cases: Discovery

Appellant’s Counsel Assessed With Frivolous Appeal Sanctions Of $30,000 Morales v. City and County of San Francisco, Case No. A170154 (1st Dist., Div. 3 Sept. 4, 2025) (published) highlights a lesson for all practitioners: sometimes it is better not to appeal non-appealable orders and not to challenge discovery rulings, which are by and large discretionary

Allocation, Costs, Employment: Trial Court Did Not Abuse Its Discretion In Denying Costs To The Winning Defendant On Non-FEHA Claim

Cases: Allocation, Cases: Costs, Cases: Employment

Defense Should Have Apportioned In Its Moving Papers Or Asked For Supplemental Briefing Opportunity.             In Janisse v. MLK-L.A. Healthcare Corp., Case No. B326593 et al. (2d Dist., Div. 4 Sept. 3, 2025) (unpublished), plaintiff brought FEHA/whistleblower, and non-FEHA claims against defendant. Plaintiff lost all of her claims after a jury trial. The defense

Civil Rights: Mentally Disabled Prevailing Party Entitled To Fees Where Confidential Records Disclosed Negligently Or Willfully And Knowingly To Others Not Entitled To See Them

Cases: Civil Rights

Welfare & Institutions Code Section 5330(d) So Provides.              In Doe v. County of Orange, Case No. G064562 (4th Dist., Div. 3 Sept. 2, 2025) (published), the appellate court reminds us that Welfare & Institutions Code section 5330(d) allows a mentally disordered person to recover reasonable attorney’s fees, on a mandatory basis, by a

Probate: Lower Court’s Entertainment Of Nonwritten Objections, After Earlier Indicating Oral Objections Would Not Be Allowed, Required Reversal Of Reduced Fee Award To Conservator

Cases: Probate

Due Process Required The Reversal.                In Conservatorship of the Person and Estate of Martha A., Case No. G063437 (4th Dist., Div. 3 Aug. 22, 2025) (unpublished), a conservator was awarded attorney’s fees of $94,955, a reduction from the request of $186,990 after the lower court entertained and granted certain oral objections by one of

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