Cases: Deadlines

Deadlines, Special Fee-Shifting Statutes And In The News: Good Good Good Vibrations on Appeals—Depends on Your Point of View . . .

Cases: Deadlines, Cases: Special Fee Shifting Statutes, In The News

Sanctuary Records Group Seeks Appellate Attorney’s Fees After Defensing Right Of Publicity/Lanham Act Claims Against Beach Boys Writer Mike Love Katy Perry Create a Stir With Ending Lines in Hit “California Gurls.”      Sanctuary Records Group Ltd. defensed Mike Love, one of the writers for “The Beach Boys,” in a lawsuit alleging right of publicity/Lanham […]

Special Fee Shifting Statutes: Losing Plaintiff In Unsuccessful Overtime/Meal Break Superior Court Action Required To Pay Attorney’s Fees Of $28,731.25 To Employer

Cases: Deadlines, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

First District, Division Two Finds Fee Motion Timely and Fee Award Reasonable in Amount.      In Cun v. Café Tiramisu, Case No. A124985 (1st Dist., Div. 2 July 7, 2010) (unpublished), plaintiff ex-employee lost a superior court FLSA action following a de novo Labor Commissioner hearing in which she claimed to have not been paid

Deadlines: Fee Motion Filed 15 Days After Dismissal of Harassment OSC Satisfied Cost Memorandum Requirement

Cases: Costs, Cases: Deadlines

Fourth District, Division 2 Nixes Overly Technical Argument on Deadlines.      You knew where this one would end when the appellate panel concluded at the tail end of the opinion that “Plaintiff’s contention on appeal elevates form over substance.” That meant the trial court’s order awarding costs, including attorney’s fees, in the amount of $8,078.35

Deadlines And Fee Clause Interpretation: Second District, Division 6 Affirms $121,000 Fee/Cost Award In Neighborhood Mega-Squabble

Cases: Deadlines, Cases: Fee Clause Interpretation

  Fee Motion Found Timely and Declaratory Relief Action Was “On the Contract” for Purposes of Justifying the Award.      We knew that this next case was going to be a crazy one, when Acting Presiding Justice Yegan wrote, “Within a year or so, [the] relationship [between neighbors] had deteriorated from a warm friendship to

Deadlines: Plaintiff’s Reliance on Adversary’s Fee Motion Extension, Despite Failure to File Written Stipulation, Was Excusable Neglect For CCP Section 473 Purposes

Cases: Deadlines

  Fourth District, Division 2 Finds Renege by Adversary Trumps Neglect to Comply With a Clear Rule.      Under California Rules of Court, rule 1702(c)(2), any stipulation to extend the time for filing a motion for attorney’s fees on appeal must be filed with the court before the original time has expired. The next case

SLAPP: Law Firm “Saddled” With $76,275 SLAPP Fees Award For Failure To Make An Untimely Objection 19 Months “After The Horse Left The Barn”

Cases: Deadlines, Cases: SLAPP

U.S. District Judge Says “Nay” to Untimely Objection, Refusing to Follow Unpublished State Court Decision and Finding “The Horse Relevant to the Objection Left the Barn” Long Ago.      Here is an interesting development that Mr. Ed of an erstwhile television series (the proverbial “horse, of course, of course”) would be proud of. It also

Family Law Awards: Make Sure Pre-Judgment Fee Recovery Is Rendered For Final Judgment Or Stipulate to Reservation of Jurisdiction

Cases: Deadlines, Cases: Family Law

  $21,936 Reallocation of Fees for Temporary Judge Was Error, Because Jurisdiction Was Lacking.      The next case is a potential real pitfall for family law practitioners. It clearly counsels lawyers to make sure that certain fee/costs awards are ordered before a final judgment is entered or preserved pursuant to a reservation of jurisdiction.     

Arbitration: $12.3 Million Compensatory Award And $6.7 Million in Fees, Costs, And Interest Additional Award Affirmed On Appeal

Cases: Arbitration, Cases: Deadlines

Second District, Division 8 Does Find Procedural Issue Might Deserve Supreme Court Review, But Affirms Merits Awards.      In Oaktree Capital Management, L.P. v. Bernard, Case No. B207865 (2d Dist., Div. 8 Feb. 22, 2010) (certified for publication), arbitration awards of $12.3 million for lost management fees and $6.7 million in attorney’s fees, costs, and

Law Of The Case: Prior Appellate Opinion, Never Challenged On Rehearing Or Supreme Court Review, Was Law Of The Case On Fee Determination

Cases: Appealability, Cases: Deadlines

  Mere Disagreement With Prior Appellate Opinion Does Not Impact Law of the Case Doctrine.      In Tennen v. Finstad, Case No. B217765 (2d Dist., Div. 2 Feb. 10, 2010) (unpublished), losing litigants on an order denying an attorney’s fees motion brought a prior successful appeal in which the Court of Appeal reversed an order

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