Cases: Deadlines

Deadlines, Sanctions: $1,500 In Code Civ. Proc. § 2023.030 Sanctions Issued Against Nonparty, For Failure To Comply With A Deposition Subpoena For Production Of Business Records, Reversed On Appeal

Cases: Deadlines, Cases: Sanctions

The Deposition Subpoena And Motion To Compel Compliance Were Not Properly Served On Nonparty, Plus The Motion To Compel and For Sanctions Was Untimely.             In Yousif v. Alpine Orthopedic Medical Group, Case No. F078734 (5th Dist., May 7, 2021) (unpublished), certain defendants in a malpractice action sought discovery from a nonparty doctor through a […]

Allocation, Deadlines: $172,000 In Trial/Appellate Fees To One Prevailing Defendant And $36,890 In Appellate Fees To Other Prevailing Defendants Affirmed On Appeal

Cases: Allocation, Cases: Deadlines

Parties Orally Stipulated To A Postponement Of Appellate Fee Deadlines And Work Was Inextricably Intertwined.             In Ebrahimpour v. Pasco, Case No. B303983 (2d Dist., Div. 2 Apr. 7, 2021) (unpublished), plaintiffs lost a corporate opportunity dispute where there was a memorandum of agreement with a contractual fees clause against multiple defendants.  On remand after

Deadlines, Employment, Reasonableness Of Fees: $84,107.50 Fee Award, With Stipulated-To Small Reduction, Affirmed On Appeal In Wage/Hour Win After Two-Day Bench Trial

Cases: Deadlines, Cases: Employment, Cases: Reasonableness of Fees

Small Claims Work Excluded, So The Ultimate Modified Award Was $83,555; Compensatory Award Was $30,929.94 Plus Interest.             In Ojeda v. Azulay, Case No. B302440 (2d Dist., Div. 3 Feb. 10, 2021) (unpublished), plaintiff employee prevailed against defendant employers on three of eight Labor Code claims after a two-day bench trial, and was awarded $30,929.94

Fee Clause Interpretation, Deadlines: Broker Award Of $150,000 In Prevailing Contractual Fees Affirmed On Appeal

Cases: Deadlines, Cases: Fee Clause Interpretation

Good Cause Was Shown For Allowing Fee Motion To Be Considered After Deadline, With Broad Fees Clause Encompassing Contractual Duties Even If Statutory Duties Were Not Encompassed.             Price v. Gullan, Case No. D075332 (4th Dist., Div. 1 Oct. 21, 2020) (unpublished) was a very contentious case involving a defective yacht purchase dispute where the

Deadlines: 2/3 DCA Affirms Costs/Contractual Attorney Fees Award To Prevailing Defendant That Filed Its Costs Memo And Fees Motion More Than 60 Days After The Superior Court Clerk Mailed A Conformed Copy Of The Judgment

Cases: Deadlines

The Clerk’s Mailing Did Not Trigger Deadlines For The Costs Memorandum Or Fees Motion Because The Judgment Was Not Accompanied By A Proof Of Service And Failed To Satisfy Requirements For Service Of Notice Of Entry Of Judgment.             In MES Investments, LLC v. Dadson Washer Service, Inc., Case No. B297634 (2d Dist., Div.

Deadlines, Probate: Trustee Obtaining $285,363.10 Fee Award Against Beneficiary Who Brought Objections In Bad Faith Affirmed On Appeal

Cases: Deadlines, Cases: Probate

Probate Code Sections, Contractual Fee Provisions, And Equitable Powers Provided Fee Entitlement, With CRC 3.1702 Fee Motion Filing Deadlines Not Applicable To Probate Proceedings.             In Rudnick v. Rudnick, Case No. F079105 (5th Dist. Sept. 23, 2020) (unpublished), a beneficiary in a long-standing trust dispute withdrew objections to a final distribution/termination of the trust on

Deadlines, Homeowner Associations: Later Finding That HOA-Homeowner Settlement Agreement Was Invalid Presented Good Cause To File Fee Motion After 60-Day Deadline

Cases: Deadlines, Cases: Homeowner Associations

Settlement Misconception By The Parties Allowed Dismissed Board Members To Seek Fees.             In Gallian v. Gragnano, Case No. G057198 (4th Dist., Div. 3 Sept. 15, 2020) (unpublished), HOA sued a homeowner for architectural violations under the CC&Rs, which prompted homeowner to crossclaim against the board members for indemnification, fault apportionment, and declaratory relief.  The

Deadlines, Intellectual Property: Ninth Circuit Rules That Filing A Fees Motion, Absent A District Court Extension Or Decision To Treat It As A Rule 59 Motion, Does Not Extend The 30-Day Deadline To Review An Earlier Merits Decision

Cases: Deadlines, Cases: Intellectual Property

Practice Tips—Ask The District Judge To Treat Fee Motion As A Rule 59 Motion Or File Two Appeals, One On The Merits And One On The Fees Ruling.             Nutrition Distribution LLC v. IronMag Labs, LLC, No. 19-55251 (9th Cir. Aug. 25, 2020) (published) was a Lanham Act case where a plaintiff was denied monetary

Deadlines: Failure To Object To Magistrate’s Fee-Fixing Decision, Appealing To Circuit Court Rather Than Objecting In Front Of District Judge, Means The Deadline Was Blown And The Objections Waived.

Cases: Deadlines

Although Unsettled, District Found That The Ruling Involved a Dispositive Issue, Which Still Did Not Excuse The Failure To Object.             In LCS Group, LLC v. Shire LLC, Case No. 18-cv-2688 (S.D.N.Y. June 22, 2020), U.S. District Judge Analisa Torres determined that plaintiff and its attorneys, who were sanctioned earlier in attorney’s fees in the

Deadlines, Equity: Plaintiff’s CCP § 473(b) Mandatory Relief Motion Did Not Excuse Attorney’s Failure To File A Timely Fees Motion Based On Lower Court Order

Cases: Deadlines, Cases: Equity

Result Was A Causation Issue—Failure To File Fee Motion Did Not Cause The Dismissal, But Only Resulted In A Lost Fee Request Opportunity.             Co-contributor Mike was a collegiate debater, with causation being a very important argument.  That was just at issue and dispositive in the case in Hernandez v. FCA US LLC, Case No.

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