Cases: Minors – Page 2 – Cal Attorneys Fees

Judgment Enforcement/Minors: Defense Costs From Minor Dismissing Case Should Not Be Imposed Against Guardian Ad Litem

December 12, 2010

Court of Appeal Issued Mandate Quashing Judgment Debtor Exam Proceeding Against Guardian. In Beasley v. Superior Court, Case No. D057308 (4th Dist., Div. 1 Dec. 10, 2010) (unpublished), a minor, through a grandmother who was appointed as guardian ad litem, had costs assessed against her in a case after it was voluntarily dismissed. The […]

Attorney’s Liens In Minor Compromise Cases And Attorney Withdrawal: First District, Division 1 Tackles Some Interesting Issues

Cases: Ethics, Cases: Liens for Attorney Fees, Cases: Minors

March 4, 2010

Finds Attorney’s Lien Dispute Can Be Resolved in Minor Compromise Case and Analyzes Permissive Withdrawal Circumstances That Will or Will Not Give Rise to Quantum Meruit Recovery. Here is an unpublished decision that faced some gnarly issues regarding jurisdictional and quantum meruit recovery issues in an attorney’s lien situation where an attorney obtained a

Minors/Disabled Adult’s Compromise: Settlement During Appeal Has Its Own Settlement Procedures

Cases: Minors

September 17, 2008

Recent Fourth District, Division Two Decision Shows How California Rule of Court 8.244(d) Works In Practice. California Rules of Court, rule 8.244(d) provides: “If a guardian or conservator seeks approval of a proposed compromise of a pending appeal, the Court of Appeal may, before ruling on the compromise, direct the trial

Conflicting Attorneys’ Claims In Minor’s Compromise Proceedings: Appellate Split Of Opinion On Whether Trial Court Can Determine in Probate Code Section 3601 Proceeding Or Recourse Must Be Had In A Separate Action

Cases: Minors

August 11, 2008

Part 2 of 2—Fourth District Divisions Are Split on the Issue. In Part 1 of 2 of our discussion on minor’s compromise (see August 10, 2008 post), we explored the statutory grant in Probate Code section 3601 regarding approval of attorney’s fees in minor’s compromise proceedings, augmented by a look at

Award Of Attorney’s Fee In Minor’s Compromises—Probate Code Section 3601 Is The Standard, But Know Your Own Local Superior Court Rule

Cases: Minors, Cases: Special Fee Shifting Statutes

August 8, 2008

Trial Courts Possess Discretion to Raise or Lower 25% Fee Award Benchmark; Local Rules Determine Whether Awards Are Based on Gross or Net Settlement Proceeds. The nice aspect to blogging is receiving reader questions about fee award issues in different practice areas. Recently, we received one about award of fees in