Cases: Equity

Estoppel/Equity/Section 998: Lawyer Collection and Client Malpractice Actions Barred By Oral “We Go Our Own Way Agreement,” Which Violated State Bar Professional Conduct Rule 3-400(B), But Could Could Be Enforced By Winning Clients

Cases: Equity, Cases: Estoppel, Cases: Section 998

  Clients’ Section 998 Offer Was Invalid Based on Absence of Acceptance Language, So Expert Witness Fees Recoverable.      Law Offices of Roger E. Naghash v. Roy, Case No. G044785 (4th Dist., Div. 3 Dec. 4, 2012) (unpublished) is a wild dispute between former clients and an attorney arising from clients’ prior loss of a […]

Equity/Prevailing Party: Trial Court’s Failure To Specify Fee Entitlement Basis Required Remand Of Fee Award

Cases: Equity, Cases: Prevailing Party

  Not Clear If Fee Award Based on Partition Claim or Not.      In a tenant-in-common apartment building dispute (complete with a partition claim), a plaintiff appealed a lower court determination that defendants were entitled to fees of $6,087, arguing there was no clear identification of the statutory basis for the fee award.      That

Equity: Vacated Default Judgment Based On Attorney Fault Was Correctly Conditioned On Payment Of $3,270 In Attorney’s Fees/Costs To Plaintiff

Cases: Equity

  Late Opposition to Default Proceeding by Plaintiff Did Not Change Result.      The Second District, Division 6, in Towne v. Joaquin, Case No. B222077 (2d Dist., Div. 6 Nov. 6, 2012) (unpublished), affirmed a trial court’s order that plaintiff be awarded $3,270 in fees and costs as a condition of vacating a default judgment

Section 1717/Equity: Individual Defendant’s Recovery Of Fees Against Plaintiff Reversed Because Instrument Cancellation Claim Is Not “On A Contract”

Cases: Equity, Cases: Section 1717

  Claim Is Equitable in Nature, Not Triggering Section 1717 Exposure.      In Gibson v. Deutsche Bank National Trust Co., Case No. A133721 (1st Dist., Div. 4 Oct. 3, 2012) (unpublished), a lower court awarded attorney’s fees to an individual defendant on a cancellation of instrument claim based on the notion that it was an

Appeal/Equity: Partition Litigant Denied Attorney’s Fees By Receiver Is Rebuffed By Failure To Provide Adequate Appellate Record

Cases: Equity

  Aside from That, His Argument Not Properly Supported and No Error Established.      A partition litigant denied $28,760.50 in requested attorney’s fees by a receiver did not help himself on appeal in Tacherra v. Tacherra, Case No. A133677 (1st Dist., Div. 2 Sept. 12, 2012) (unpublished). Why? He committed three sins in his appellate

Appeal/Equity: Maintenance Expenses/Fee Award In Partition/Quiet Title Action Was Affirmed Because Appellant Had Failed to Appeal Postjudgment Award On The Issue.

Cases: Appealability, Cases: Equity

  Result Was Dismissal of the Appeal.      Reedy v. Bussell, Case No. D059378 (4th Dist., Div. 1 July 26, 2012) (unpublished) was a situation where a trust beneficiary appealed maintenance expenses and attorney’s fees awarded to a trustee after a lower court order found that the expenditures were for the common benefit of the

Costs/Equity/Section 998: Second District, Division 6 Affirms Judicial Referee Split And Determination That 998 Offers From Plaintiffs Were Valid For Awarding Costs To Plaintiffs

Cases: Costs, Cases: Equity, Cases: Section 998

       In a construction defect matter, both sides appealed after a trial court found that judicial referee costs should be split consistent with a judicially-filed stipulation and after making an award of certain statutory costs to plaintiffs after finding that their CCP § 998 offers were valid.      Both sides were disappointed after the

Equity: Partition Fee Award For “Common Benefit Of Property” Necessarily Proper And Equivalent To “Common Benefit Of Parties”

Cases: Equity

  Substance Is King, Not Labels.      Above:  15th century depiction of Cain and Abel.  Wikipedia.      We always have heard that substance, not labels, usually prevails in the law–or, for that matter, equity (even more so). The next case vindicates this general rule.      In Adrian v. Adrian, Case No. D058877 (4th Dist., Div.

Equity/Substantiation Of Fees: $5,000 Fee Award To Winner In Partition Action No Abuse Of Discretion

Cases: Equity, Cases: Substantiation of Reasonableness of Fees

  Request Made in Verified Trial Brief Did Pass Muster.      This one is interesting for the proof accepted to sustain a $5,000 attorney’s fees award to the winner in a partition action.      Defendant in a partition action challenged a finding that plaintiff was entitled to $5,000 in attorney’s fees as a cost in

Equity/Substantiation Of Fees: Trial Courts Have No Limitations On Equitable Discretion To Apportion Attorney’s Fees In Partition Actions

Cases: Equity, Cases: Substantiation of Reasonableness of Fees

  Second District Panel Disagrees With Contrary Holding in Finney; Approximation of Hours Under Penalty of Perjury Can Be Adequate Fee Substantiation.      The Second District, Division 4 in Lin & Lin v. Jeng, Case No. B232899 (2d Dist., Div. 4 Feb. 23, 2012) (certified for publication) considered the extent of trial court discretion to

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