Cases: Consumer Statutes

Lemon Law: Reject An Early Settlement Offer In the Ballpark … And Suffer The Consequences!

Cases: Consumer Statutes, Cases: Settlement

Fourth District, Division 2 Reminds Fee-Shifting Plaintiffs To Not Eschew Early Compromise Proposals.      The next case reminds all of us that the system is geared for resolution—resolution being another word for settlement early on in the game, under the right circumstances, under the right case, and under reasonable efforts to resolve the matter. Miss

Mixed Result In Decade Long Litigation: Substantial Attorney’s Fees Award Goes “Poof” When Plaintiff Should Have Been Given Leave To Amend, But Plaintiff Denied Post-Judgment Enforcement Fees

Cases: Appealability, Cases: Consumer Statutes, Cases: Judgment Enforcement, Cases: POOF!

Second District, Division 7 Publishes Decision in Decade Long Battle Arising From Credit Impairment Allegations.      Although too long to recite in detail (43 pages in length), Sanai v. Saltz, Case Nos. B198217 & B202787 (2d Dist., Div. 7 Jan. 26, 2009) (certified for publication) chronicles a donnybrook between a former in pro per renter

Trial Court Retains Jurisdiction To Award Attorney’s Fees to Prevailing Defendant After Granting A Motion To Quash Based Upon Lack of Personal Jurisdiction

Cases: Consumer Statutes, Cases: Quashing/Lack of Jurisdiction

Sixth District Affirms Grant of $34,492 in Attorney’s Fees.             Our first post was on May 11, 2008, surveying Profit Concepts Mgt., Inc. v. Griffith, 162 Cal.App.4th 950, 955-956 (2008).  In that case, Justice Fybel of our local Santa Ana-based Court of Appeal affirmed an award of attorney’s fees to a defendant

Consumer Legal Remedies Act Is Generally Non-Reciprocal In Nature

Cases: Consumer Statutes

Fourth District, Division Three Affirms Denial of Fee Award Where Trial Court Found No Bad Faith on the Part of Losing Plaintiff; Automobile Sales Finance Act Did Not Provide Basis For Fee Award Either.             Certain truisms abound in the California attorney’s fees area.  Each side bears their own respective costs (including

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