Cases: Cases Under Review

Employment/Cases Under Review: Second District, Division 8 Denies Fees To Prevailing Defendant In Meal And Rest Break Premiums Case

Cases: Cases Under Review, Cases: Employment

  Issue Is Under Review by California Supreme Court in UPS Wage and Hour Cases (McGann).      In our February 26, 2011 post, we discussed United Parcel Service Wage and Hour Cases (McGann), 192 Cal.App.4th 1425, where the Second District, Division 8 decided that a prevailing defendant employer is not entitled to recover attorney’s fees […]

Private Attorney General Statute And Cases Pending: Serrano Case From Second District Accepted for California Supreme Court Review

Cases: Cases Under Review, Cases: Private Attorney General (CCP 1021.5)

  Fee Eligibility for Establishing Precedent on Challenged Practice is Key Issue.      In Serrano v. Stefan Merli Plastering Co., 184 Cal.App.4th 178 (2d Dist., Div. 3 Apr. 28, 2010), attorney’s fees were denied to a plaintiff successfully challenging certain court reporting charges and establishing legal precedent in the process.      On August 18, 2010,

Undertaking And Cases Pending: California Supreme Court To Decide If Appellate Costs Include Recovery Of Interest On Sums Borrowed to Fund A Letter Of Credit Securing A Surety Bond On Appeal

Cases: Cases Under Review, Cases: Undertaking

Rossa v. D.L. Falk Construction Accepted for Review on August 11, 2010.      In Cooper v. Westbrook Torrey Hills, 81 Cal.App.4th 1294, 1300 (2000), the Court of Appeal confirmed that interest paid on sums borrowed to obtain a cash deposit undertaking on appeal were recoverable costs of appeal under California Rule of Court 8.278(d)(1)(F).  However,

Cases Under Review: U.S. Supreme Court Grants Certiorari To Resolve Split On Fee Enhancements

Cases: Cases Under Review, Cases: Civil Rights, Cases: Lodestar

  Issue Is Whether District Judges Can Enhance Lodestar Based Solely on Quality of Attorney Performance and Results Obtained Under Federal Fee-Shifting Statute.      Yesterday, the U.S. Supreme Court granted certiorari on an attorney’s fees issues that has generated a split among federal appellate courts on whether district judges can enhance lodestars based solely on

Cases Under Review: California Supreme Court Hears Argument On Two Cases Involving Fee Issues

Cases: Cases Under Review

Validity of Retainer Agreement Contractual Arbitration Provisions and Pro Per Attorney Defendant Eligibility for 128.7 Sanctions At Issue. Yesterday, the California Supreme Court heard argument on the following two cases of interest in the fee recovery arena: Schatz v. Allen Matkins Lack Gamble & Mallory LLP, Case No. S150371 (formerly published at 146 Cal.App.4th 674):

Conservatorship Attorney’s Fees: Comply With California Rules Of Court Or Suffer The Consequences

Cases: Cases Under Review, Cases: Probate, Cases: Special Fee Shifting Statutes

Second District Awards About Only a Tenth of Requested Fees Based on Failure to Segregate Services and Comply With California Rules of Court.             Here is a new area that we have not yet addressed—attorney’s fees awarded in a conservatorship.  As in other substantive areas, it is necessary to provide proper substantiation

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