Cases: Equity

Equity, Section 1717: Plaintiff Losing Shareholder Derivative Claim Liable For Defense Attorney’s Fees

Cases: Equity, Cases: Section 1717

  Reciprocity Required Under Section 1717, Given Unfairness of Other Result.      In Trejo v. Arriaga, Case No. D064410 (4th Dist., Div. 1 Jan. 21, 2015) (unpublished), plaintiff 50/50 shareholder in a closely-held corporation lost an amended shareholder derivative lawsuit against defendant 50/50 shareholder. Defendant nonsuited plaintiff based on a failure to prove damages. Defendant […]

Bankruptcy/Equity/Sanctions: Fee Recovery Affirmed And Reversed In Part In Case Involving Federal Work and Vexatious Litigant Orders

Cases: Bankruptcy Efforts, Cases: Equity, Cases: Sanctions

  Some Should Have Been Sought In Federal Court, But Vexatious Litigant Sanctions And Addition Of Attorney As Judgment Debtor, Who Assisted Vexatious Litigant, Was Proper.      Kempton v. Clark, Case No. B248713 (2d Dist., Div. 2 Sept. 25, 2014) (unpublished) is a real imbroglio involving bankruptcy adversary and state court proceedings in which vexatious

Equity/POOF!/Substantiation Of Fees: Reversal Of Default Judgment To Ex-Attorneys Against Client Meant Award Of Fees Had To Be Revisited Also

Cases: Equity, Cases: POOF!, Cases: Substantiation of Reasonableness of Fees

  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      Bohm, Matsen, Kegel & Aguilera v. Bonilla, Case No. G048212 (4th Dist., Div. 3 Sept. 9, 2014) (unpublished), authored by Justice Bedsworth, had this to say about a default judgment which needed some more development on remand: “Once again, we reiterate that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

Allocation/Equity/Trade Secrets: Where Default Judgment Reversed For 3 Out Of 4 Defendants, Attorney’s Fees Had To Be Revisited Although Fourth Defendant Conceded Liability.

Cases: Allocation, Cases: Equity, Cases: Trade Secrets

  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 July 22, 2014) (unpublished), plaintiff sued four defendants (an insurance agency, an insurance brokerage company, and certain agents) for willful violation of trade secrets.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

Equity: Not Returning Unused Legal Fees May Not Be Subject To One-Year “Malpractice” Type Statute Of Limitations, Certainly Not Something To Be Resolved On Demurrer

Cases: Equity

  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

Costs/Equity/Indemnity/Tort of Another: Individual Brokers Not Liable For Real Estate Seller’s Attorney Fee Exposure To Buyers, But Individual Brokers Face Exposure For Sellers’ Own Defense Attorneys Fees In Nondisclosure Lawsuit

Cases: Costs, Cases: Equity, Cases: Indemnity, Cases: Tort of Another

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

Appealability/Equity/Sanctions: In Pro Per Litigant Denied $31,000 In Compensatory Legal Fees When Trial Judge Discretionary Granted Relief From Default

Cases: Appealability, Cases: Equity, Cases: Sanctions

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

Equity/Lodestar/Multiplier/Retainer Agreement: $7.8 Million Fee Recovery For Well Known L.A. Attorney’s Work In Divorce Cases Reversed

Cases: Equity, Cases: Lodestar, Cases: Multipliers, Cases: Retainer Agreements

  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

Appealability/Equity: Appellate Court Reverses Adverse Fee Judgment Based On Parties’ Settlement Stipulation

Cases: Appealability, Cases: Equity

  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

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