Cases: Experts

Section 998: Defendant Winning Workers’ Compensation Exclusivity Defense In Asbestos Case Properly Awarded $80,719 In Expert Witness Fees

Cases: Experts, Cases: Section 998

  Section 998 Offer Was Reasonable And Expert Fees Did Not Have To Be Tied To Issue Eventually Won.     In Melendrez v. Ameron International Corp., Case Nos. B256928/B259423 (2d Dist., Div. 4 Sept. 17, 2015) (published), defendant won an asbestos suit against plaintiffs in a wrongful death suit based on the workers’ compensation exclusivity […]

Section 998: Losing Plaintiffs Had To Pay Expert Witness Fees Of About $80,000 To Successful Defendants In Medical Malpractice Case

Cases: Experts, Cases: Section 998

       Plaintiffs lost their medical malpractice/loss of consortium case against several defendants, and were then hit with about $80,000 in expert witness fees as costs because they did not beat defendants’ CCP § 998 offers. They argued principally on appeal, in Petrou v. Trites, Case No. B226747 (2d Dist., Div. 4 Dec. 13, 2012)

Civil Rights/Expert Witness Costs: Losing FEHA Plaintiff Only Exposed To Expert Witness Fee Costs If Lawsuit Was Unreasonable, Frivolous Or Vexatious

Cases: Civil Rights, Cases: Experts

  Second District Panel Reverses $2,350 Cost Award to SJM Winning Defendant.      In Baker v. Mulholland Security and Patrol, Inc., Case Nos. B232172/B234487 (2d Dist. Div. 8 Mar. 28, 2012) (certified for partial publication), the appellate court reversed a $2,350 expert witness fee cost award against a losing FEHA plaintiff, after defendant won summary

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

Cases: Civil Rights, Cases: Class Actions, Cases: Costs, Cases: Experts, Cases: Liens for Attorney Fees, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees, Cases: Requests for Admission, Cases: Retainer Agreements, Cases: Section 1717, Cases: Special Fee Shifting Statutes

     Here is the second installment of our top 20 decisions.      10. Jankey v. Lee, 181 Cal.App.4th 1173 (1st Dist., Div. 4 2010), review granted, No. S180890 (May 12, 2010) — authored by Presiding Justice Ruvolo; discussed in our Feb. 6, 2010 post.      Attorney’s fees are awardable to a prevailing defendant under Civil

Costs and 998 Expert Witness Fees: Court Of Appeal Affirms Most Of Trial Court Decision Awarding Routine Costs, Denying Expert Witness Fees, and Denying Attorney’s Fees

Cases: Appeal Sanctions, Cases: Costs, Cases: Experts, Cases: Sanctions, Cases: Section 1717, Cases: Section 998

First District, Division 5, Except for a $49 Adjustment, Tells Everyone to Go Home But For a Minor $1,000 Appellate Sanctions.      Salvio Street, LLC v. Lee, Case Nos. A122408/A123080 (1st Dist., Div. 5 July 29, 2010) (unpublished) is an interesting case, not just for the legal issues, but because it demonstrates how pragmatic appellate

Arbitration and Expert Fees: Even if Award of Expert Fees Was an Act in Excess of Arbitrator’s Jurisdiction, It Did Not Provide Basis to Vacate Award

Cases: Arbitration, Cases: Experts

Second District, Division Three, Reminds Us Simple Mistake of Law or Fact is Not Necessarily in Excess of an Arbitrator’s Powers.      Frederick Lax, former President and CEO of Tekelec, brought an arbitration proceeding against Tekelec, seeking compensation for options that were lost when Tekelec did not issue necessary financial statements until after the options

UNSUPPORTED CHALLENGE OF “EXCESSIVENESS” OR “DUPLICATIVE WORK” BY APPELLANT CHALLENGING FEE AWARDS REJECTED BY COURT OF APPEAL

Cases: Billing Record Substantiation, Cases: Experts, Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Special Fee Shifting Statutes

Second District Affirms Award of Anti-SLAPP Fees to Defendant Where Fee Attacks Were Not Supported by Competent Evidence.                          When opposing a fee motion, a litigant should support challenges with competent evidence.  Such evidence can take the form of an expert witness or a particularized challenge to

DISCRETION, DISCRETION, DISCRETION: TRIAL JUDGES DO NOT HAVE TO CREDIT EXPERT TESTIMONY ON THE VALUE OF ATTORNEY SERVICES IN FEE CONTESTS.

Cases: Allocation, Cases: Experts, Cases: Standard of Review

Second District Unpublished Decision Affirms Trial Judge’s Rejection of Expert Testimony on the Value of Services in Deciding an Attorney’s Fees Motion.             Even unpublished decisions can contain instructive lessons for practitioners in opposing requests for attorney’s fees, reminding us all that the trial judge is the one ultimately vested with discretion

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