Cases: Deadlines

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 v. Brillouet, Case No. B282382 (2d Dist., Div. 6 Aug. 24, 2017) (unpublished), owners/residential borrowers had their house foreclosed (after quitclaiming the property to various entities and filing bankruptcies which were dismissed)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 of Conservation and Development, Case No. A147841 (1st Dist., Div. 1 Aug. 23, 2017) (unpublished), plaintiff residential owners successfully obtained an administrative mandate writ against County agency based on allegations of code noncompliance.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

Deadlines/Family Law: New Trial Motion On Postjudgment Attorney’s Fees Denial To Wife Did Not Extend Period To Appeal

Cases: Deadlines, Cases: Family Law

  Wife’s Appeal Of Fee Denial Was Untimely.     Wife was flummoxed by a lower court’s refusal to award her attorney’s fees, appealing from the denial in Bennett v. Foss, Case Nos. A145656/147009 (1st Dist., Div. 1 Sept. 28, 2016) (unpublished).  Unfortunately for her, the appellate court determined that she untimely appealed such that it

Deadlines/Allocation: Work On Contract/Negligence Claims Were Intertwined, Justifying Recovery Of $91,819.58 In Fees In $39,335 Compensatory Award Case To Contractor As Against Property Owner

Cases: Allocation, Cases: Deadlines

  Appeal Was Timely, Given That Judgment Appeal Swept In Later Order Fixing Fees.     In Ducoing Enterprises, Inc. v. Patriot Paving, Inc., Case No. G051582 (4th Dist., Div. 3 June 15, 2016) (unpublished), a 3-0 decision authored by Justice Fybel, contractor won a $39,335 compensatory award against property owner in a complaint and a

Deadlines/Section 1717: 4/1 DCA Follows Kaufman v. Diskeeper Corp., Agreeing Only Fee Motion Necessary For Purposes Of Recovering Attorney’s Fees

Cases: Deadlines, Cases: Section 1717

    Followed In Unpublished Opinion Issued On April 26, 2016.        On August 21, 2014, we first posted on Kaufman v. Diskeeper Corp., 229 Cal.App.4th 1, 8-9 (2014), which held that a costs memorandum did not have to be filed as a condition precedent for purposes of a litigant being able to seek

Deadlines: Lemon Law Plaintiff Obtaining Eventual Fee Recovery Loses It For Failing To Meet Three Sets of Deadlines

Cases: Deadlines

  Procedural Requirements Do Matter In Cases.     c1902.  Library of Congress.     Campbell v. Hyundai Motor America, Case No. B260298 (2d Dist., Div. 7 Dec. 16, 2015) (unpublished) is a triple whammy and shows why meeting procedural filing deadlines can be result dispositive in many matters.     Briefly told, plaintiff dismissed a lemon law

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