Cases: Equity

Equity/Judgment Enforcement: Appellate Court Discusses Fee Recovery From Injunction Bonds And Mandatory Nature Of Fees For Judgment Creditors’ Failures To Acknowledge Satisfactions Of Judgments

Cases: Equity, Cases: Judgment Enforcement

  Unpublished Decision Takes on Issues in Post-Judgment Phase of Case.      Although really an abuse of discretion/substantial evidence case on appeal, Terzian-Feliz v. Ajamian, Case No. A128900 (1st Dist., Div. 4 Feb. 21, 2012) (unpublished) does discuss several important principles relating to injunction bonds and post-judgment enforcement procedures.      First, recoverable attorney’s fees are […]

Special Fee Shifting Statute/Equity: Conditioning Leave To File Cross-Complaint Upon Payment Of $80,000 In Fees To Other Side Was No Go

Cases: Equity, Cases: Sanctions, Cases: Special Fee Shifting Statutes

  Condition Was Too Much of a Sanction, Because Fees Not Causally Related to Cross-Complaint Filing.      In a convoluted fee dispute between former client and attorney, the trial court granted attorney leave to file a cross-complaint, but conditioned on attorney paying client some $80,000 to compensate her for attorney’s fees she incurred in preparing

Equity: Fees In Partition Action For “Common Benefit” Allowable, Apportioned To Each Party’s Interest In Real Estate

Cases: Equity, Cases: Special Fee Shifting Statutes

  Appellate Court Reversed Award of Accountant Fees Against One Party, Deciding Interest Apportionment of Expenses Was Proper.      In the equity arena, partition is the procedure for segregating or terminating common interests in the same parcel of property, as where property is held jointly or by tenants in common. California has a statutory scheme

Consumer Statutes/Equity: Attorney Denied Appellate Fees For Beating A Client’s Claim Requesting A Refund Of Unearned Fees Based On A Technicality

Cases: Consumer Statutes, Cases: Equity

Failure to Award Fees under B & P § 6204(d) Was No Abuse of Discretion.      Here is an interesting case in the continuing saga of prominent civil rights attorney Stephen Yagman. The case is also poignant in showing how trial and appellate courts will use equitable principles to resolve fee recovery matters.      In

Year End Wrap-Up: Mike & Marc’s Top 20 Attorney’s Fees Decisions In 2010–Part 1 of 2.

Cases: Civil Rights, Cases: Equity, Cases: Probate, Cases: Retainer Agreements, Cases: Section 998, Cases: SLAPP, Cases: Special Fee Shifting Statutes

     Above:  Wrapping It Up.       As we wish all readers the happiest of Holidays, we now present our top 20 published decisions from California appellate courts or the Ninth Circuit. This list is not meant to slight other important decisions in certain areas, but these are the ones that “rose to the top” from

Equity: Correction Of Fee Award Judgment Allowable

Cases: Equity

  Correction Was Clerical In Nature.      What happens when a trial judge inadvertently muffs entry of an incorrect attorney’s fees order? Depends on the nature of what needs to be corrected, and whether the correction is a clerical or judicial correction. The next case illustrates the difference in the two concepts, allowing the clerical

Deadlines: Trial Courts Can Extend Fee Motions Deadline Under CCP § 473 . . . Even If They Erroneously Granted A Fee Recovery On An Untimely Basis

Cases: Deadlines, Cases: Equity

Second District, Division 8 Remands In Procedural Nightmare Case.      Just to show you that procedure and facts may drive a matter–stay tuned for this one.      In New Star Realty, Inc. v. Park, Case No. B220602 (2d Dist., Div. 8 Nov. 18, 2010) (unpublished), defendant filed an attorney’s fees motion one day late, but

Equity/Ethics: Ninth Circuit Reverses Substantial Fee Award To Defense Counsel Unyielding In Providing Short Extension To Plaintiff’s Counsel For Purposes Of Opposing Summary Judgment Motion

Cases: Equity, Cases: Ethics

Professional Courtesies Stressed Greatly in This Sobering Opinion.      We knew that this next case would be interesting when it led off with this quote from Charles E. Clark’s article entitled History, Systems and Functions of Pleading, published at 11 Va. L. Rev. 517, 542 (1925): Procedure “is a means to an end, not an

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