First District, Division 2 Upheld Trial Court Decision to Award Some Fees and Costs to Teacher, But Not All of Them. Well, we report on all areas of the law. This one is a curious case, where a teacher untimely filed for fees and costs, but the trial court cut teacher a break and […]
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
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 In Cun v. Café Tiramisu, Case No. A124985 (1st Dist., Div. 2 July 7, 2010) (unpublished), plaintiff ex-employee lost a superior court FLSA action following a de novo Labor Commissioner hearing in which she claimed to have not been paid
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
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
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
U.S. District Judge Says “Nay” to Untimely Objection, Refusing to Follow Unpublished State Court Decision and Finding “The Horse Relevant to the Objection Left the Barn” Long Ago.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
First District, Division 4 Finds That Filing of Fee/Costs Motion 42 Days After Remittitur Issuance Was Proper. In a case of first impression, parties successfully prevailing on an appeal with a fee-shifting situation filed their costs memorandum and motion for fees 42 days after issuance of the remittitur in the appellate cause. CRC,
$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.
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
