Due Process Rights Led To The Result. Chui v. Chui, Case No. B310325 (2d Dist., Div. 1 May 32, 2023) (unpublished), involving contentious probate and trust litigation where a guardian ad litem was appointed for two minors, a lower court approved a $534,890 fee award to GAL’s court appointed attorney to defend against the […]
Common Count “Mistake” Claim Against Law Firm Went Away On Appeal Based On Denial Of Tort Claims, With Disgorgement Of Prior Fees Soundly Rejected. A.M. v. Lieff Cabraser Heiman & Bernstein, LLP, Case Nos. B269624 et al. (2d Dist., Div. 3 June 11, 2019) (unpublished) involved a high-profile law firm’s representation of a minor
2/1 DCA Reverses 10% Fee Award To Attorneys Out Of Minor’s Compromise $18 Million Settlement Where Lower Court Did Not Properly Vet CRC 7.955(b) Factors. On September 8, 2018, we posted on the then unpublished decision in Schulz v. Jeppesen Sanderson, Inc., Case No. B277493 (2d Dist., Div. 1 Sept. 5, 2018). This opinion
Lower Court Overfixated On Two Factors In Awarding Just 10% Of The Children’s Funds As Fees Rather Than The 31% Requested By Children’s Counsel. Schulz v. Jeppesen Sanderson, Inc., Case No. B277493 (2d Dist., Div. 1 Sept. 5, 2018) (unpublished) was a complicated aviation wrongful death action against aircraft manufacturers and on behalf of
Reviewing Court Articulated Protection Of Minor As A Paramount Concern. Appellate courts are very attuned to protect minors in minor compromise settlements where fee recovery is sought by the attorney representing the minor. This is well illustrated in Romero v. Kaiser Foundation Health Plan, Inc., Case No. B277499 (2d Dist., Div. 3 Jan. 19,
Equitable Estoppel Supported Affirming What Happened in Unique Facts Involving a False Claims Act Wrinkle. Family Code section 3153 directs that counsel’s fees for a minor are to be paid either by the parties or by the county when it comes to compensating counsel appointed to represent a minor child. (In re Marriage
No Jurisdiction Was Lost, Appellate Court Ruled in Examining Numerous Procedural Issues. An attorney representing a disabled minor in a minor’s compromise obtained a $395,000 mediated settlement after a positive jury verdict, with the lower court awarding $158,000 in fees (40% of the minor’s gross recovery). However, to the dismay of plaintiff’s attorney,
This One a Little Hard to Decipher, Actually, Except on a Presumed Correct Basis. Valdivia v. Castillo, Case No. B247766 (2d Dist., Div. 5 Jan. 21, 2014) (unpublished) is somewhat hard to follow, but seems to follow the pattern that confusion will lead to affirmance. Here, after a year of litigation on
First Lawyer Got $10,000; Second Lawyers Got $115,000 in Minors’ Compromise Case. Record keeping. Keyser Brothers Iron Works. 1971. Jack E. Boucher, creator. Library of Congress. Law Offices of Marvin L. Mathis v. Lotta, Case No. B248251 (2d Dist., Div. 8 Jan. 10, 2014) (unpublished) shows the importance of providing substantiation of
Appellate Court Not Bound By MICRA “Caps” and Remanded, With a Reminder That Courts Will Protect Minors. Here is an interesting decision in a minor’s compromise fee dispute brought by the minor’s attorney claiming that he should be awarded more fees. In a thoughtful decision by Presiding Justice Mallano on behalf of
