Author name: William M. (Mike) Hensley

In The News . . . . Orange County Has Spent $4.1 Million In Attorney’s Fees Over Four Years In Defending Cases Involving A Former OC District Attorney Supervisor In Sexual Harassment Cases

In The News

Settlements And Verdicts Total About $12 Million, With Appeals Being Pursued On The Contested Cases. As reported in the August 16, 2026 edition of The Orange County Register, Orange County has incurred about $12 million in settlements and verdicts in sexual harassment cases involving a former Orange County District Attorney Supervisor.  Some of the jury

Costs, Quantum Meruit: Discharged Attorneys Not Paid By Client Had $60,000 Damages Award Stricken For Insufficient Evidence

Cases: Costs, Cases: Quantum Meruit

Attorneys Did Not Present Any Evidence Of Hourly Rate Or Hours Worked; However, Costs Award Was Affirmed. Pacific Attorney Group v. Nejad, Case No. G064975 (4th Dist., Div. 3 Aug. 14, 2026) (unpublished) is a good reminder of the type of evidence that discharged attorneys must present to obtain a quantum meruit damages award for

Landlord/Tenant, Nonsignatories, Section 1717: Out Of Two Defendants Claiming To Be Prevailing Parties Under A Contractual Lease Clause, Neither Was Entitled To Fees

Cases: Landlord/Tenant, Cases: Nonsignatories, Cases: Section 1717

One Defendant Was Found To Forfeit All Rights Under The Lease On Summary Adjudication, And The Other Was Not A Lease Signatory.  In Morales v. Wang, Case No. B346779 (2d Dist., Div. 2 Aug. 12, 2026) (unpublished), after plaintiffs accepted a defense CCP § 998 offer which was silent on attorney’s fees, plaintiffs moved for

Section 998: California Supreme Court Rules That Section 998 Offers With Alternative Options Are Valid, If Properly Structured With Certainty For The Options

Cases: Section 998

It Disagrees With The Court of Appeal’s Categorical Invalidity Argument. In Gorobets v. Jaguar Land Rover North America, LLC, Case No. S287946 (Cal. Supreme Court Aug. 6, 2026) (published), the California Supreme Court endorsed CCP section 998 offers containing alternative options for acceptance, as long as clear in nature.  Here is the heart of the

Appeal Sanctions, Discovery, Sanctions: $7,870.41 Discovery Sanctions Affirmed On Appeal For Failure To Produce Metadata For A Crucial Meeting Summary Which Was The Bases For An Employee’s Termination

Cases: Appeal Sanctions, Cases: Discovery, Cases: Sanctions

Defense’s Privilege Objections Found Unpersuasive, But A Request for Appeal Sanctions Was Denied. The lower court in Romero v. Gopher Media LLC, Case No. D086508 (4th Dist., Div. 1 Aug. 5, 2026) (unpublished) imposed $7,870.41 in discovery sanctions on defendants for failing to produce a crucial meeting summary used to justify plaintiff’s employment termination in

Appeal Sanctions, Ethics: Appellants’ Counsel’s Disparaging The Trial Judge Of Being Biased, Without Any Support, Drew A $1,000 Contempt Sanction

Cases: Appeal Sanctions, Cases: Ethics

Plus The Opinion Had To Be Reported To The State Bar. A Company Hungary KFT v. Bespalov, Case No. B336640a (2d Dist., Div. 4 Aug. 4, 2026) (published) is an opinion where an appellants’ counsel was assessed with a $1,000 contempt sanction for disparaging a trial judge, without evidence, in appellate briefing.  The panel found

Allocation, Fee Clause Interpretation, Nonsignatories: $1,062,813.20 Fee Award In Favor Of Corporate Executives And Directors Is Affirmed On Appeal In Contentious Battle Involving Contracts Between Plaintiff And Banc Of California Executives/Directors

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Nonsignatories

Fee Clause Broadly Encompassed Any Dispute Resulting In Litigation, Executives/Directors Were Fee Clause Nonsignatories Entitled To Fees, And No Apportionment Was Needed Given Breadth Of Fees Clause. In Sugarman v. Benett, Case No. B338610 (2d Dist., Div. 8 Aug. 3, 2026) (unpublished), there was contentious, aggressive litigation involving plaintiff and his trust (plaintiff being a

SLAPP: $7,410 Fee And $956.79 Cost Awards Against Non-Prevailing Plaintiff, Whose Whole Complaint Was SLAPPed, Holds Up On Appeal

Cases: SLAPP

Lower Court Substantially Cut Defense Counsel’s Claimed Hours And Cut The Hourly Rate Request. In Mirjafarifiroozabadi v. Man, Case No. G066134 (4th Dist., Div. 3 July 31, 2026) (unpublished), plaintiff’s entire Complaint was dismissed after the defense won a SLAPP motion.  Defense counsel then moved for attorney’s fees, claiming 34.10 hours of work at a

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