Merely Pleading Fee Recovery Does Not Create An Estoppel If No Entitlement Lies. Two Boots Pizza. Downtown LA. Carol M. Highsmith, photographer. 2012. Library of Congress. Defendant won a dispute over an agreement to sell certain Papa Johns’ pizza restaurant locations, and then attempted to recoup attorney’s fees as a prevailing party based on […]
Employment—Nicolosi v. Cooper, Case No. B264459 (2d Dist., Div. 6 May 17 2017) (Unpublished)–$64,000 In Fees Just Fine In $80,933.75 Back Wages Case. This one is not hard to fathom. Employee obtained $80,933.75 in back wages and $64,000 in attorney’s fees (out of a requested $130,000). Employee appealed, arguing not enough was
Purposed Fees Clause Was A True Indemnity Clause, Not A Fees Clause. We have posted on a lot of cases in this area, but can add an Indian tribal case in the form of Federated Indians of Graton Rancheria v. Kenwood Investments No. 2, LLC, Case No. A147281 (1st Dist., Div. 1 Mar.
Any Other Result Would Retard Individuals Going Into “Corporate Service.” The Delaware Supreme Court, in Trascent Mgt. Consulting, LLC v. Bouri, Case No. 126, 2016 (Del. Supreme Ct. Nov. 28, 2016), was confronted with an LLC’s claim that it did not have to advance costs of defense to a “key man” employee in
Fee Entitlement Was Lacking Because Relied-Upon Clause Was Only A Third-Party Indemnification Provision. Track reversal system. Jack Delano, photographer. March 1943. Library of Congress. Talk about a swing of events—something which can happen where an appellate court independently reviews a contractual provision under the de novo review standard. In Alki Partners,
However, Vallejo Likely Owes Statutory Indemnification Duties To Officers For Both Awards. The Ninth Circuit in Deocampo v. Potts, No. 14-16192 (9th Cir. Sept. 8, 2016) (published) confronted an issue under a Chapter 9 municipality bankruptcy plan, harkening to say that more of these issues may be confronted as local governments face economic
Government Code Section 996.4 Involved, With Employee Entitled To Introduce Evidence To Rebut “Outside The Scope” Defense By Government. Public employees are entitled to be defended and indemnified for third party claims arising within the scope of their employment. The governmental employer has a choice: provide a defense/pay any claim or judgment against
Stipulation To Judgment On Indemnity Cross-Complaint “Sealed The Deal.” Arcade Game at 2012 State Fair, Sacramento, California. Carol M. Highsmith, photographer. Library of Congress. Code of Civil Procedure section 1021.6 has a fee-shifting provision which allows a prevailing party on a claim for implied indemnity to recover attorney’s fees if the indemnitee can show
Neither One Conferred A Fee Entitlement Basis To Defendants, Requiring Reversal Of Fee Award. In Judicial Council of California v. Jacobs Facilities, Inc., Case Nos. A140890/A141393 (1st Dist., Div. 1 Aug. 20, 2015) (partially published; fee discussion not published), defendants were awarded contractual attorney’s fees under an indemnity provision and a guaranty. That ruling
Fee Entitlement Was Present, But Reducing Request For Another Party No Abuse Of Discretion. Esparza v. PulteGroup, Inc. (Centex), Case No. D063736 (4th Dist., Div. 1 May 14, 2015) (unpublished) was a construction defect/personal injury action by several residential homeowners against Centex (which subsequently merged into the PulteGroup), which in turn cross-complained against
