Cases: Equity

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 B266663/B268812 (2d Dist., Div. 2 Feb. 13, 2018) (unpublished), plaintiff won a $225,000 compensatory verdict under civil rights fee shifting provisions for sexual battery.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

Equity:  $346,993.39 Fee Recovery Under Illegal Contract Affirmed On Appeal

Cases: Equity

In Pari Delicto Exception Sustained the Fee Recovery.             What happened in Assadian v. Parsi, Case No. G054037 (4th Dist., Div. 3 Dec. 14, 2017) (unpublished) is that a business consultant, who apparently practiced law in an unauthorized manner, did not prevail on contract and other claims against his clients.  Just to make the suffering

Appealability, Equity, Fee Clause Interpretation:  Four California Intermediate Appellate Courts Address Diverse Attorney’s Fees Issues

Cases: Appealability, Cases: Equity, Cases: Fee Clause Interpretation

Galindo v. Polakoff, Case No. D071555 (4th Dist., Div. 1 Nov. 29, 2017) (Unpublished)—Equity/Offsets.             In this one, the Court of Appeal affirmed an offset determination by the trial judge where it did grant fees to one party prevailing but even after an offset conclusion was reached.  Must reading for practitioners facing offset issues under

Equity/Judgment Enforcement/Liens For Attorney Fees:  Assignment Of Judgment To Attorney Subject To Offsets As A Matter of Equity

Cases: Equity, Cases: Judgment Enforcement, Cases: Liens for Attorney Fees

Result No Different Even If Classic Attorney’s Fees Lien Involved.             Although the facts are too convoluted to discuss in detail, Lalanne v. Armanino, Case No. A147227 (1st Dist., Div. 5 Aug. 31, 2017) (unpublished) involved a situation where an attorney obtained an assignment of judgment which was held subject to claimed offsets in the

Equity/Section 998:  Gillotti v. Stewart Now Published

Cases: Equity, Cases: Section 998

    Typo In 998 Offer Not Material; Pecuniary Interest Disqualified Attorney From Fees.               On April 27, 2017, we posted on Gillotti v. Stewart, a then unpublished Third District decision which found immaterial typo in a CCP § 998 offer and also disqualified fees for an attorney with a pecuniary interest in the

Equity, Sanctions, Section 998, Special Fee Shifting Statute, Allocation:  Unpublished Decisions In Last Few Days Address Multiple Fee Issues

Cases: Allocation, Cases: Equity, Cases: Sanctions, Cases: Section 998, Cases: Special Fee Shifting Statutes

    Equity—Gilotti v. Stewart, Case No. C075611 (3d Dist. April 26, 2017) (Unpublished):  Section 998 Offer, Typo Notwithstanding Valid, and Attorney’s Self Interest Disqualified Fee Recovery.                   In this construction defect lawsuit, plaintiff was ordered to pay a prevailing grading contractor expert fees under CCP § 998, even though the offer said $49,999

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

Equity/Sanctions: Attorney’s Fees Award Remanded To Recalculate To Account For Previously Awarded Discovery Sanctions

Cases: Equity, Cases: Sanctions

"Double Dipping" Was The Rationale.     Earl & Reimer APC v. Klimek, Case No. H041638 (6th Dist. Feb. 1, 2017) (unpublished) is a case where an attorney's fees award was reversed and remanded in order to prevent "double dipping": the trial judge previously awarded discovery sanctions, and those sanctions were not properly taken into account

Equity: Trial Court Erred In Not Giving Effect To Plaintiff’s Voluntary Dismissal, But That Did Not Deprive It Of Jurisdiction To Award Discovery Sanctions And Attorney’s Fees

Cases: Equity, Cases: Sanctions

Somewhat Of A Pyrrhic Victory For Plaintiff.     Wilson v. Nationstar Mortgage LLC, Case No. D070965 (4th Dist., Div. 1 Jan. 20, 2017) (unpublished) was somewhat of a pyrrhic victor for plaintiff on appeal. What happened below was that a trial judge erroneously failed to honor plaintiff's dismissal of an action, striking it and then

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