Improper To Enter Default Judgment Where Fees Were Not Authorized By Statute or Contract. In Luginbill v. Salva, Case No. E068549 (4th Dist., Div. 2 Aug. 15, 2018) (unpublished), plaintiff only demanded $11,500 base damages, plus interest, plus $2,500 in attorney’s fees, in plaintiff’s complaint. No Statement of Damages was sent indicating any punitive […]
Additionally, Remand Made To Include Bankruptcy Efforts And Provide A Better Explanation Of 50% Fee "Haircut". Roth v. Plikaytis, Case No. D070484 (4th Dist., Div. 1 Sept. 13, 2017) (partially published) is a situation where defendant prevailed on a breach of contract action allowing fee entitlement (after a jury trial), but where the trial
Fees Can Be Claimed Later On In Default Judgment Packet, With Many Local Ordinances Allowing For Fee Recovery For Nuisance Abatement Actions. The next case, although unpublished, is one that California state court litigators should love because it answers some of those vexing nitty-gritty procedural questions that we sometimes encounter when filling out
Attaching Settlement Agreement to Demurrer Saved Former Client on Appeal. In DeGenarro v. Geiger & Merritt, LLP, Case No. G047461 (4th Dist., Div. 3 Sept. 13, 2013) (unpublished), fired, former law firm sued client for unpaid fees. Client and old firm signed a settlement agreement, with client serving old law firm with an
It Was Irrelevant Winner Did Not Plead or Cite Civil Rights Statutes as Fee Entitlement Basis. Here is an interesting one for land use practitioners out there. In Ocean Avenue Associates, LLC v. City of Indio, Case No. E052522 (4th Dist., Div. 2 Mar. 19, 2012) (unpublished), property owners invalidated city ordinances
Wrapping It Up: M & M’s Top 25 Attorney’s Fees Decisions For 2011 Part 1 of 2 It is that time of year, at year end, for us to list our top published attorney’s fees decisions from the U.S. Supreme Court, Ninth Circuit Court of Appeals, and California Courts of Appeal. Although we normally
Extensive Opinion Shows Why Due Process and Policy Reasons Justify End Result: Lex non cogit ad impossibilia. In an extensive opinion, the Second District, Division 1 has decided that unspecified attorney’s fees in a complaint can justify a later default judgment entered as a terminating sanction, without offending due process rules applicable to
No Entitlement, No Fees. In SMDM Properties, Inc. v. Developers Diversified Realty Corp., Case No A126643 (1st Dist., Div. 2 Jan. 10, 2011) (unpublished), the appellate court reminded us of a pivotal lesson in the attorney’s fees area: you need a proper predicate for fee entitlement. If not, no fee recovery. There, plaintiffs took
Fourth District, Division 1 Strikes Fees From Default Judgment For Failure to Plead Fees in Complaint. Here is one of those nuts and bolts decisions that reminds all litigators to plead fee entitlement and include a prayer for fees in their complaints if they want to recoup fees at the default judgment stage
Complaint Resulting In Governmental Changes Suggested Basis for Fee Award Under CCP section 1021.5. In our May 21, 2008 post, we explored Camenisch v. Superior Court, 44 Cal.App.4th 1689, 1698 (1996), which cautions against striking attorney’s fees prayer requests at the pleading stage unless a full opportunity for discovery has occurred.
