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 In Campos v. Kennedy, Case No. B293745 (2d Dist., Div. 2 Mar. 17, 2020) (unpublished), a sexual assault case with very bad facts, the appellate court considered a $2.41 million fees award to the prevailing […]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 v. Malibu Hillbillies, LLC, Case No. B283833 (2d Dist., Div. 8 May 22, 2019), which was unpublished at the time.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 v. Malibu Hillbillies, Case No. B283833 (2d Dist., Div. 8 May 22, 2019) (unpublished), landlord sought unpaid rent of less than $50,000, but then sought $2 million in fees for post-judgment work over the course of
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 The appellate court in Stubblefield Properties v. Jacinto, Case No. D074718 (4th Dist., Div. 1 March 18, 2019) (unpublished) was not unsympathetic to a $190,499 fee recovery socked on a litigant where attorney malpractice was potentially involved.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
Post-Trial Motion Is The Way To Go! West courtroom, Jury box, Howard M. Metzenbaum U.S. Courthouse, Cleveland, Ohio In Brown v. Mortensen, Case No. B281704 (2d Dist., Div. 1 Jan. 3, 2019) (published), the 2/1 DCA decided that no jury trial is available for attorney’s fee requests under the Confidentiality of Medical Information Act
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 MetLife Securities, Inc. v. Brandt, Case No. B282949 (2d Dist., Div. 3 Dec. 18, 2018) (unpublished)
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
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
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
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
