Cases: Deadlines

Deadlines, Special Fee Shifting Statutes: Although Timely Filed, Motion For Defense Costs Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment Motion

Cases: Deadlines, Cases: Special Fee Shifting Statutes

Section 1038 Deadlines Are Not Jurisdictional In Nature.             Code of Civil Procedure section 1038 allows an award of defense costs to a public entity that prevails on a frivolous lawsuit by means of a dispositive motion (such as a motion for summary judgment) if the public entity so moves “before the discharge of the […]

Deadlines, Employment: Maldonado 2/8 DCA Decision Now Published

Cases: Deadlines, Cases: Employment

Confirms That Deadlines To File Fees Motion Extended For Weekends and Holidays.              On April 20, 2018, we posted on Maldonado v. Epsilon Plastics, Inc., Case Nos. B278022/B281129 (2d Dist., Div. 8 Apr. 18, 2018) (unpublished; published May 8, 2018), which decided that a fee motion deadline was extended for a weekend and Holiday which intervened.

Deadlines/Employment:  Successful Plaintiff Employee Class Timely Filed Fee Motion

Cases: Deadlines, Cases: Employment

Fee Award Remanded For A Restudy After Some Damage Components Reversed Or Remanded For Recalculation.             Most fee requests in California are done by noticed motion and follow California Rules of Court deadlines in most instances, which generally track the time within which to appeal the underlying judgment or appealable order.   Under CRC 3.1702(b)(1) and

Appeal Sanctions/Deadlines:  Ninth Circuit Decides That Appeal Sanctions For Frivolous Appeal Under FRAP 38 Must Be Filed Under Time Limits For Filing Request For Appellate Attorney’s Fees Under Ninth Circuit Rule 39-1.6(a)

Cases: Appeal Sanctions, Cases: Deadlines

With Respect To Double Costs For Frivolous Appeal, No Entitlement Unless Timely Costs Bill Filed.             In In re Westwood Plaza North (Erde v. Bodnar, et al.), No. 17-55655 (9th Cir. Apr. 9, 2018) (per curiam; published), the Ninth Circuit adopted a “bright line” rule for filing an appeal sanctions request for attorney’s fees under

Deadlines, Fee Clause Interpretation, Reasonableness Of Fees:  $210,000 Contractual Fees Award Affirmed On Appeal In Contentious Foreclosure/Eviction Case  

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

  Technical Challenges Are Rejected At Appellate Level.             In Coastline RE Holdings Corp. v. Brillouet, Case No. B282382 (2d Dist., Div. 6 Aug. 24, 2017) (unpublished), owners/residential borrowers had their house foreclosed (after quitclaiming the property to various entities and filing bankruptcies which were dismissed) and then lost an eviction action by the buyer

Deadlines/Special Fee Shifting Statute:  Appellate Court Determines That Prevailing Plaintiffs In County Code Compliance Dispute Were Wrongfully Denied Fee Recovery Under Government Code Section 800

Cases: Deadlines, Cases: Special Fee Shifting Statutes

Lower Court Also Erred In Ruling Fees Motion Was Untimely Filed.             In Fratus v. Contra Costa County Dept. of Conservation and Development, Case No. A147841 (1st Dist., Div. 1 Aug. 23, 2017) (unpublished), plaintiff residential owners successfully obtained an administrative mandate writ against County agency based on allegations of code noncompliance.  However, the trial

Deadlines/Equity/Retainer Agreements: Invalid Attorney-Client Retention Agreement Meant Attorney Collection Suit Was Subject To 2-Year Quantum Meruit Statute Of Limitations

Cases: Deadlines, Cases: Equity, Cases: Retainer Agreements

Attorney Sued Too Late, With Account Stated Count Not Lengthening The 2-Year SOL.       Leighton v. Forster, Case No. A145601 (1st Dist., Div. 4 Feb. 9, 2017) (published), is an interesting case to show how a noncompliant engagement letter leaves the attorney to seek recovery of fees in quantum meruit, which is governed by

Costs/Deadlines/Reasonableness Of Fees: $550 Hourly Rate, Although High For San Bernardino Venue, Was Reasonable Given Complexity Of Case–$440 Per Hour More Like It

Cases: Costs, Cases: Deadlines, Cases: Reasonableness of Fees

  Also, Costs Memorandum Was Untimely Filed, With Sender Giving Notice Of Judgment Entry Not Getting Benefit Of 5-Day Mail Service Extension.       In Hernandez v. Town of Apple Valley, Case No. E063721 (4th Dist., Div. 2 Jan. 5, 2017) (partially published; fee and costs discussion not published), plaintiff won on a Brown Act violation,

Deadlines: CRC 3.1702(d) “Good Cause” Basis To Extend Attorney’s Motion Deadline Is Flexible In Nature

Cases: Deadlines

  CCP § 473(b) Standards Are Not Ones To Be Engrafted Into Rule 3.1702(d).     Photographer:  William Grimes at English Wikipedia.  2006.      In Robinson v. U-Haul Co. of CA, Case Nos. A141396/A145828 (1st Dist., Div. 4 Oct. 18, 2016) (published), former U-Haul independent dealer won a non-compete, unfair competition law (UCL), and malicious prosecution

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