Cases: Equity

Equity: Trial Court Did Not Abuse Its Discretion By Striking Substantial Fee Prayer Where Requesting Party Engaged In Misconduct During The Course Of The Litigation

Cases: Equity

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 v. Malibu Hillbillies, Case No. B283833 (2d Dist., Div. 8 May 22, 2019) (unpublished), landlord sought unpaid rent of less than $50,000, but then sought $2 million in fees for post-judgment work over the course of […]

Equity: Appellate Court, Although Sympathetic To Fee Losing Party, Could Not Reverse Because No Extrinsic Fraud Or Total Attorney Abandonment

Cases: Equity

Result Was A $190,499 Fee Exposure.            The appellate court in Stubblefield Properties v. Jacinto, Case No. D074718 (4th Dist., Div. 1 March 18, 2019) (unpublished) was not unsympathetic to a $190,499 fee recovery socked on a litigant where attorney malpractice was potentially involved. However, there was no basis to reverse, where the request was

Indemnity, Equity: Trial Judge Properly Denied Substantial Fees To Prevailing Party Where Contractual Clause Was Indemnity Clause And New Fee Entitlement Arguments Were Presented In Supplemental Briefing Beyond What Was Granted By Lower Court

Cases: Equity, Cases: Indemnity

Supplemental Evidence Was Properly Not Considered In The Trial Judge’s Discretion.             If the lower court grants you supplemental briefing, make sure you do so in line within the scope of the supplemental briefing allowed by the trial judge. MetLife Securities, Inc. v. Brandt, Case No. B282949 (2d Dist., Div. 3 Dec. 18, 2018) (unpublished)

Consumer Statutes, Equity: Fifth Circuit Court Of Appeals Affirms Denial Of Fees In Fair Debt Collection Practices Act Case Where Plaintiff Only Recovered $1,000 Statutory Damages But Sought Recovery Of $130,410 In Fees

Cases: Consumer Statutes, Cases: Equity

Fifth Circuit Sided With Two Other Circuits That Fees Can Be Denied In Unusual Circumstances, With Shocking Nature Of The Request Plus Conspiracy To Manufacture The Claim Solidifying The Fee Denial.             Davis v. Credit Bureau of the South, No. 17-41136 (5th Cir. Nov. 16, 2018) (per curiam) demonstrates how federal courts, even under a

Equity: Court Of Appeal Reverses $42,542.50 Attorney’s Fees Award To One Neighbor In Non-HOA Tree Trimming Dispute Based On Unclean Hands

Cases: Equity

Appellate Court Found Unclean Hands Even Though That Ground Was Not Entertained By Lower Court.             Trees, trees, trees! Boy, do they generate disputes between neighbors when views are impacted. The next case is extraordinary because the reviewing court reversed an attorney’s fees award, on its own, based on the equities—too many fees spent on

Equity:  Trial Judge Deciding In Earlier Statement Of Decision There Was A Factual Basis For Attorney’s Fees Improperly Revisited Factual Determination Through Motion To Vacate Judgment Under CCP § 663a

Cases: Equity

This Was Tantamount To Making Improper Additional Findings Of Fact To Earlier Decision.             In a tutorial on the proper use of a motion to vacate judgment under CCP § 663a, Master Plumbing and Sewer, Inc. v. Fountaine West Condominium Owners Assn., Case No. A143711 (1st Dist., Div. 2 May 3, 2018) (unpublished) shows what

Equity:  Ninth Circuit Certifies Accounting/Clawback Issues Between Law Partners On Post-Departure Legal Matters Taken By Departing Partner

Cases: Equity

Three Questions Are Certified To The D.C. Court Of Appeals.             In our July 30, 2016 and September 15, 2016 posts, we informed our readers that the Ninth Circuit had certified certain accounting/clawback issues relating to what happens to post-depature legal work continued by departing partners after a law firm has dissolved, issues occurring in

Civil Rights/Equity/Multiplier:  Although Total Judgment Offset Denied, Fee Award Based On 2.0 Positive Multiplier Reversed On Appeal

Cases: Civil Rights, Cases: Equity, Cases: Multipliers

Multiplier Is Not Automatic, So Reversed To Consider Proper Factors On Appeal.             In Campos v. Kennedy, Case Nos. B266663/B268812 (2d Dist., Div. 2 Feb. 13, 2018) (unpublished), plaintiff won a $225,000 compensatory verdict under civil rights fee shifting provisions for sexual battery.  Later, the trial court awarded plaintiff $ 2,924,830 in statutory fees, but

Allocation, Equity, Special Fee Shifting Statute:  Prevailing School District Properly Awarded $113,216 In Attorney’s Fees Under Public Contract Code Section 7107

Cases: Allocation, Cases: Equity, Cases: Special Fee Shifting Statutes

Public Prompt Payment Statute Allows For Recovery Of Fees By Prevailing Party.             Public Contract Code section 7107 allows the prevailing party to recover attorney’s fees and costs in a suit alleging that a public entity or contractor wrongfully withheld retention payments required to be distributed in a timely manner.  This fee statute is bilateral

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