Lower Court Did Not Have to Do a Mechanical Apportionment Based on Damages Awards Against Separate Defendants, Although Dissent Thought Apportionment Was In Order. In Garcia v. RPSAJ, Inc., Case No. B235901 (2d Dist., Div. 5 May 14, 2013) (unpublished), plaintiff was awarded damages of $200,000 in an employment dispute and then recovered […]
Trial Court Decision Affirmed on Appeal. Plaintiff, a chief technology officer, sued his ex-employer and a couple of other employees, losing contract and conversion claims but winning about $20,000 on an unpaid wage/hour claim. Both sides then moved for attorney's fees. The trial court awarded the defendants $167,104.87 in fees on the contract
Cigarette ad, Times Square. Feb. 1943. John Vachon, photographer. LOC. Although this case has quite a storied history, In re Tobacco Cases I, Case Nos. D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision. What happened is this, in brief. People,
Marik v. University Village, LLC, Case No. B236248 et al. (2d Dist., Div. 3 Feb. 19, 2013) (unpublished) involved a situation where nine defendants were awarded collective $130,137.50 attorney’s fees after successfully defending a prior appeal where an arbitration award was affirmed (inclusive of arbitral fee recovery). Plaintiff appealed. Plantiff did well
Dissenting Justice Would Have Required Parsing Out of Fees on Separate Contracts. In Universal Church v. United Broadway Real Estate Co., LLC, Case No. B233904 (2d Dist., Div. 5 Feb. 11, 2013) (unpublished), landlord appealed when tenant won a hotly contested fair market calculation dispute under a lease, with the trial court awarding
Trial Court Did Not Err in Apportioning Some Fee Recovery Out With Respect to Successful Mechanic’s Lien Claim. HJH Construction, Inc. v. California Bank & Trust, Case No. E053033 (4th Dist., Div. 2 Feb. 7, 2013) (unpublished) involved a failed real estate development project in Palm Springs where general contractor received a $690,710-plus
Our local appellate court in Sampson v. The Richardson Group, Case No. G046234 (4th Dist., Div. 3 Jan. 30, 2013) (unpublished) (3-0; author: A.P.J. Rylaarsdam) affirmed a determination that a contractor on a county construction project prevailed against subcontractor when judgment was entered against subcontractor, even though that party obtained some partial success
Entitlement, Apportionment, and Amount Challenges Rejected. In Sinclair v. Katakis, Case No. F060497 (5th Dist. Jan. 23, 2013) (unpublished), $750,000 in attorney’s fees (out of a requested $1.2 million) and $33,141.67 in costs were awarded against defendants in a battle involving CC&Rs as well as notes and deeds of trust with contractual fee
$1.3 Million Fee Award Affirmed; Cassim Did Not Require Allocation in Civil Code Section 1717 Context Landlord and tenant got involved in a lease dispute resulting in a suit where both dueling contract and tort claims were pitted against each side, with tenant ultimately prevailing by winning $116,859 in lease damages and a
Here are the remaining December 31, 2012 intermediate DCA decisions on fees/costs issues, Liens For Attorneys Fees: Timothy D. Reubon, Inc. v. One West Bank, Case No. B234958 (2d Dist., Div. 1 Dec. 31, 2012) (unpublished) In this one, judgment creditor/former attorney obtained a judgment against judgment debtor/former client for past due services.
