Mandatory Prong Was Not Available, But Lower Court Could Discretionarily Entertain. In Byron v. McCray, Case No. B306599 (2d Dist., Div. 7 Feb. 14, 2022) (unpublished), an attorney for a prevailing party fell on the sword and brought a CCP § 473 motion to recover fees based on not filing for fees in timely […]
Matter Remanded To Determine Scope Of Security Agreement. We commend that all attorneys, with respect to collection of fees, read Rice v. Downs, Case No. B307780 (2d Dist., Div. 1 Dec. 27, 2021) (partially published) where the Court of Appeal, with some remand limited instructions, did seem to validate a security agreement/ UCC-1 filing
Contingency Agreement Provided Client Would Pay For All Costs, With Quantum Meruit Equitable Principles Bolstering The Conclusion. Henry M. Lee Law Corp. v. Chang, Case No. B288895 (2d Dist., Div. 3 Nov. 29, 2021) (unpublished) was quite an odyssey. Law firm agreed to represent client in a wage/hour case under a 50% contingency agreement
Husband Was Forced To Pay Off Exorbitant Fee Judgment Lien Amounts, With Equity Coming To The Rescue! We wish all of our readers Happy Holidays as we come to the close of an interesting year. Although involving convoluted facts and procedural history, Marriage of White & Hunter, Case No. A157398 (1st Dist., Div.
However, Amending Fee Order Nunc Pro Tunc To Correct Clerical Error Was No Abuse Of Discretion. Trans World Sourcing, Inc. v. Prend, Case No. E071712 (4th Dist., Div. 2 Oct. 14, 2020) (unpublished) is a situation where two dismissed defendants moved for attorney’s fees of $27,263.63, each, and for costs of $3,859.49, each, against
However, Jury Trial Fee Waiver Argument Lacked Merit Given A Jury Waiver A Long Time Back. There are some famous quotes about justice under the American system. Two come to mind with respect to our next post. The first is: “It’s every man’s business to see justice done,” attributed to Sir Arthur Conan
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.
Trial Court Fee Withstood Because Good Faith Settlement With One Defendant Did Not Offset Jury Award Against Another Defendant. In Campos v. Kennedy, Case No. B293745 (2d Dist., Div. 2 Mar. 17, 2020) (unpublished), a sexual assault case with very bad facts, the appellate court considered a $2.41 million fees award to the prevailing
Case Dealt With Striking Landlord’s Fee Prayer Based On Misconduct. In our May 25, 2019 post, we discussed United Grand Corp. v. Malibu Hillbillies, LLC, Case No. B283833 (2d Dist., Div. 8 May 22, 2019), which was unpublished at the time. The case dealt with a situation where the 2/8 DCA affirmed a lower
Appellants Did Not Help Themselves By Calling Lower Court Rulings “Gibberish” and “Legal Nonsense.” In United Grand Corp. v. Malibu Hillbillies, Case No. B283833 (2d Dist., Div. 8 May 22, 2019) (unpublished), landlord sought unpaid rent of less than $50,000, but then sought $2 million in fees for post-judgment work over the course of
