Cases: Equity

Equity, Judgment Enforcement, Tort Of Another: Law Corporation’s Attempts To Setoff Adverse Judgment For Tort Of Another Fees Were Rebuffed By Court Of Appeal

Cases: Equity, Cases: Judgment Enforcement, Cases: Tort of Another

Nothing Demonstrated Setoff For Tort Of Another Fee Damages Could Be Obtained In A Postjudgment Phase.             The result in David S. Karton, A Law Corporation v. Musick, Peeler, Garrett LLP, Case No. B305837 (2d Dist., Div. 1 Oct. 3, 2022) (published), was driven by a prior appellate opinion where a default in favor of […]

Equity: Appellate Court Agrees To Stipulated Reversal Of Postjudgment Fee Award Given Merits Reversal

Cases: Equity

However, It Does Raise The Issue Of Whether Stipulated Reversals Specifically Apply To Postjudgment Fee Orders.             This next post is likely of interest to appellate practitioners, because sometimes appellate issues are very technical if not arcane in nature.              In Mid-Wilshire Property, L.P. v. Dr. Leevil, LLC, Case No. G059899 (4th Dist., Div. 3

Equity, Judgment Enforcement: Lower Court’s Denial Of Fees To Judgment Debtor In State Case Based On ERISA Fee Shifting Statute and Denial Of Judgment Debtor’s Motion To Tax Costs Were Both Sustained On Appeal

Cases: Equity, Cases: Judgment Enforcement

ERISA Fee Entitlement Not Shown And The Winning ERISA Argument Was Not Raised Until Judgment Creditor’s Assignee Racked Up More Judgment Enforcement Expenses.             Everyone does need to keep in mind, within certain legal strictures, that attorney’s fees awards are frequently driven by the equities of a case.  Coastline JX Holdings LLC v. Bennett, Case

Equity, Retainer Agreements: Attorney Security Agreements For Fees Can Take Precedence Over Charging Orders

Cases: Equity, Cases: Retainer Agreements

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

Equity, Retainer Agreements: Voiding A Contingency Agreement Under Business & Professions Code Section 6147(b) Does Not Extend To Reasonable Litigation Costs

Cases: Equity, Cases: Retainer Agreements

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

Equity: Economic Duress Doctrine Supports No Award Of Post-Judgment Collection Fees In Dissolution Action Involving, Yes, A $20,000 Marital Settlement Agreement Sum

Cases: Equity

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.

Appealability, Equity: Losing Party’s Failure To Appeal Earlier Fee Order Forfeited Challenges

Cases: Appealability, Cases: Equity

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

Equity: Failure To Grant A Trial Court Reporter Fee Waiver To An Eventually Losing Plaintiff Required A New Trial, With Harmless Error Analysis Having To Go With The Plaintiff Needing A Transcript To Show Error

Cases: Equity

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

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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