Also, CCP § 473 Motion to Vacate Denial Order Was Timely, But Mandatory Relief Not Available And Discretionary Relief Properly Denied For Lack Of Diligence. Grinberg v. Kalili, Case No. B245899 (2d Dist., Div. 4 Sept. 10, 2014) (unpublished) originated as a dispute over the suitability of a $158,000 Ferrari, with the plaintiff […]
Further, Costs Needed To Be Authenticated Better. Bohm, Matsen, Kegel & Aguilera v. Bonilla, Case No. G048212 (4th Dist., Div. 3 Sept. 9, 2014) (unpublished), authored by Justice Bedsworth, had this to say about a default judgment which needed some more development on remand: “Once again, we reiterate that obtaining a default is
Complaint Prayer Gave Notice, But Fee Amount “Re-do” Necessary on Remand. In Lawson-Hawks Ins., Inc. v. McVey Ins. Broker, Inc., Case No. H038466 (6th Dist. July 22, 2014) (unpublished), plaintiff sued four defendants (an insurance agency, an insurance brokerage company, and certain agents) for willful violation of trade secrets. Plaintiff obtained a default
Get Beyond the Pleadings, 4/3 DCA Says. Lee v. Hanley, Case No. G048501 (4th Dist., Div. 3 July 15, 2014) (published), authored on behalf of a 3-0 panel by Justice Moore, basically found that the one-year statute of limitations in CCP § 340.6 did not necessarily apply to a situation where an attorney
Implied Contractual and Equitable Indemnity Theories Cannot Undermine American Rule. Dalton v. Francis, Case No. H033247 (6th Dist. June 26, 2014) (unpublished) involved a buyer lawsuit against seller and dual real estate agents for nondisclosures in connection with a residential sale regarding a dilapidated septic system. The problem was that seller and individual brokers negligently
Lower Court Did Not Err In Directing That $1,000 Penalty Be Paid By Party Requesting Default Relief to Superior Court Instead. In Sanai v. Pfeiffer, Case No. B246349 (2d Dist., Div. 4 June 26, 2014) (unpublished), an in pro per attorney sued an ex-client defendant for $149,240 in legal fees. However, the defense filed a
No Written Retainer Agreement, With Quantum Meruit Jury Verdict Overturned And Reduced To $1.8 Million Plus Some Other Deductions. This is a doozy of a case involving well known Los Angeles attorney Hillel Chodos, who happened to not have had a written hourly or contingency retainer agreement with an ex-client, a wife involved
No Public Policy Concerns Militate Against Honoring Parties’ Settlement. In GMAC Mortgage v. Sandoval, Case No. E059111 (4th Dist., Div. 2 Apr. 8, 2014) (unpublished), lenders won a declaratory relief action with respect to lien priority and were awarded attorney’s fees of $21,284.25 based on a trust deed fees clause. Defendants appealed only
Otherwise, 5 Nonappealing Parties Would Get Stuck With Substantial Fee Exposure Even Though Some Appealing Parties Might Win On Remand. Appellate courts are comprised of justices, who not only follow the law but attempt to reach a fair result based on the circumstances. Adams v. MHC Colony Park Ltd. Partnership, Case No. F062160
Given Compensatory Award Was Close to Unlimited Jurisdiction Limit, Fee Award Was No Abuse of Discretion. In California state courts, an unlimited civil case involves a matter in which the amount in controversy exceeds $25,000, exclusive of fees and costs in most instances. (Code Civ. Proc., §§ 86(a), 88.) However, a trial judge
