Cases: Equity

Equity: Defendant Corporation Winning Summary Judgment Properly Obtained Attorney’s Fees Although Suspended But Later Obtaining Certificate Of Revivor To Be In Good Corporate Standing

Cases: Equity

  All Intervening Procedural Steps Were Validated, But Appellate Court Did Not Award Defendant Costs On Appeal.     In Morschauser v. Continental Capital, LLC, Case No. E062278 (4th Dist., Div. 2 Dec. 12, 2016) (unpublished), a defendant corporation successfully obtained summary judgment against plaintiff and then moved to recover $133,644.50 in attorney’s fees and costs […]

Equity/Special Fee Shifting Statute: Dissenting Brother, Who Lost Partition Sale Dispute, Not Erroneously Saddled With Fees And Costs Incurred By Other Prevailing Siblings

Cases: Equity, Cases: Special Fee Shifting Statutes

  Oh, Brother! — Case Illustrates Equitable Principles Are Front And Center In Partition Disputes.     Partition disputes are equitable, with a broad fee-shifting statute in the form of Code of Civil Procedure section 874.040 allowing a trial court broad discretion to equitably apportion fees and costs among the parties to the partition action.    

Equity: CCP § 473 Allows For Dismissal Relief If Plaintiff Fails To Pay Venue Transfer Fees Due To Attorney Neglect

Cases: Equity

  Equity Prevailed!     Greyhound Bus sign, S. Carolina.  Oct. 29, 2007.  Carol M. Highsmith, photographer.  Library of Congress.      In Gee v. Greyhound Lines, Inc., Case No. C077077 (3d Dist. Nov. 21, 2016) (published), plaintiff had her case dismissed after she failed to pay venue transfer fees based on her attorney’s error.  The trial

Liens For Attorney’s Fees/Equity: Los Angeles County Superior Court Appellate Division Decides That Rights Of Needy Tenants To Obtain Legal Representation In Unlawful Detainer Actions Prevented Offset Of Fee Award Against Subsequent Judgments Obtain

Cases: Equity, Cases: Liens for Attorney Fees

  Equities Were Weighted, Favoring No Offset Of Fee Award.      Crasnick v. Marquez and Diaz, Case No. BV 031459 (L.A. Superior Court Appellate Div. May 24, 2016 (published) (3-0 decision authored by Judge Ricciardulli), transmitted to 2d Dist. for consideration of transfer, No. B272469 involved an interesting judgment offset situation. There, a tenant in

Common Fund, Equity, Section 998: Winning Plaintiffs Not Entitled To Reduction From Settlements For Fees Incurred In Reaching Settlements Under Common Fund Theory

Cases: Common Fund, Cases: Equity, Cases: Section 998

  Setoff Language Of CCP § 877 Also Supported Result.     Tuttle v. Ukiah Adventist Hospital, Case No. A144759 (1st Dist., Div. 1 May 31, 2016) (unpublished) was an uncontested slip-and-fall case from a liability perspective, with plaintiffs obtaining several pre-trial settlements but eventually winning a jury verdict as to one non-settling defendant, with set-off

Equities, Homeowner Association, Prevailing Party: Fee Recovery Against Two Voluntarily Dismissing Plaintiffs, Where Other Plaintiffs Still Fighting, Was Abuse Of Discretion Under The Circumstances

Cases: Equity, Cases: Homeowner Associations, Cases: Prevailing Party

  $156,614.47 Fee Recovery Went POOF! On Appeal.     Wasserman v. Ketelhut, Case No. B258642 (2d Dist., Div. 6 Dec. 1, 2015) (unpublished) is an interesting common interest development case where multiple plaintiffs were fighting defendants over various CC&R governing document claims about defendants operating a vineyard which encroached on certain CID common areas.  (BLOG

Equity, Section 998: Nonprevailing 998 Offeree Saddled With $ 33,198.06 In Costs After Rejecting $7,500 998 Offer Not Beat Following Jury Trial

Cases: Equity, Cases: Section 998

  Plaintiff Only Recovered $2,229, And CCP § 473 Relief Did Not Resonate.      We have to say that in pro per plaintiffs need to beware when confronted with CCP § 998 offers—even though our courts are open to all, in pro per representation is fraught with perils, as Jones v. Pierce, Case No. A139665

Equity: Seventh Circuit Court Of Appeals Nixes Terminated Attorney’s Attempt To Obtain Fees For Cases Settled After His Termination

Cases: Equity

  Case Revolved On Meanings Of “Generated” And “Received.”      An attorney working on medical malpractice cases felt cheated when it received no “bonus” compensation after the cases settled well after his termination from the handling law firm. Unfortunately for him, he lost his bonus claims after years of litigation.      The Seventh Circuit Court

Equity: Due Process Strikes Again—Fee Award By New Judge After Retired Judge Only Awarded Costs Had To Be Stricken On Due Process Grounds

Cases: Equity

  Civil Harassment Proceeding Was the Context      Due process, due process, that concept drove the striking of an attorney’s fees award in a civil harassment proceeding context.      In Bridges v. Smith, Case No. C074704 (3d Dist. Feb. 23, 2015) (unpublished), plaintiffs were granted a 5-year civil harassment restraining order to stop defendant’s alleged

Scroll to Top