Government Code Section 996.6 Does Not Permit Contractual Expansion of Defense Obligations. Well, we know from the news about the City of Bell scandal. Former Chief Administrative Officer Rizzo brought a declaratory relief action to see if the City of Bell had to provide him a defense in City’s civil action restitution against […]
Employee’s Indemnity Request Under Labor Code Section 2802 Only Garnered Employee $1,908 In Fees/Costs Out Of Requested $807,421.22 In Defense Fees/Costs. Labor Code section 2802 provides that an employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his
Cauzza v. Julian Union High School Dist., Case No. D060364 (4th Dist., Div. 1 June 18, 2013) (unpublished) is a great case for you educational practitioners on the law and type of proof to demonstrate a school district’s liability or non-liability for off-campus homecoming float activities. In the end, school district prevailed on
Clause Only Concerned Property Ownership, Not Litigation Between Parties. Plaintiff won substantial damages from Bekins in a dispute involving property loss resulting from a move from one storage facility to another. Plaintiff then sought recovery of attorney’s fees under a fees clause in the Bekins contract. The lower court said “no,” prompting an
Three Challenges Rejected by Appellate Court. In Guess v. The Significance Foundation, Case No. D060100 (4th Dist., Div. 1 June 5, 2013) (unpublished), individual, an officer and director of a company, prevailed in a government civil rights action seeking injunctive relief, as did the company. Then, a dispute arose as to whether individual was
Code of Civil Procedure section 1038 is a specialized fee-shifting statute that allows a winning cross-defendant in an express/implied indemnity action to recover attorney’s fees if an indemnity action was not brought/maintained in good faith and without reasonable cause in a situation where the cross-defendant won a summary judgment. Cross-defendant in Salinas
Bolgar v. Glen Donald Apartments, Inc., Case No. B241636 (2d Dist., Div. 1 Feb. 26, 2013) (Unpublished). Although challenging a $71,934.65 fee award as an abuse of discretion, appellant did not go very far based on an inadequate record. None of the fee motion papers were included on appeal, so that the appellate
“No Good Deed Goes Unpunished,” Appellate Court Quotes. After acknowledging that both parties to the appeal do good deeds, the appellate court in New Life in Christ Full Gospel Church Corp. v. L.A. Regional Food Bank, Case No. B232701 (2d Dist., Div. 7 Dec. 27, 2012) (unpublished) observed “[b]ut it seems no good
Although we have presaged this crescendo in lengthy litigation between well-known novelist Clive Cussler (who has written novels featuring Dirk Pitt) and film producer Crusader Entertainment in prior September 9, 2010, and February 13, 2011 posts, the denouement apparently has arrived as far as fee/costs recovery in Cussler v. Crusader Entertainment, LLC, Case
Title company assigns its rights to collect attorney’s fees to two assignees based upon a provision indemnifying it as an escrow holder, inclusive of reasonable attorney’s fees and costs. The lower court denied the assignees’ fee request, determining that the facial language in the indemnification clause did not apply because a prior case
