The Second District, Division 4 in Nevarrez v. San Marino Skilled Nursing and Wellness Centre, Case No. B235372 (2d Dist., Div. 4 June 5, 2013) (published) reversed an Elder Abuse Act substantial jury verdict, even though the plaintiff also prevailed on a Patient’s Bill of Rights claim, with both schemes having a fee […]
"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe". 1924. Library of Congress. In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with
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 In Garcia v. RPSAJ, Inc., Case No. B235901 (2d Dist., Div. 5 May 14, 2013) (unpublished), plaintiff was awarded damages of $200,000 in an employment dispute and then recovered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 D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision.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 (2d Dist., Div. 3 Feb. 19, 2013) (unpublished) involved a situation where nine defendants were awarded collective $130,137.50 attorney’s fees after successfully defending a prior appeal where an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 In Universal Church v. United Broadway Real Estate Co., LLC, Case No. B233904 (2d Dist., Div. 5 Feb. 11, 2013) (unpublished), landlord appealed when tenant won a hotly contested fair market calculation dispute under a lease, with the trial court awarding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
