Apex LLC v. Sharing World, Inc., Case No. G045321 (4th Dist., Div. 3 May 31, 2012; Posted June 5, 2012) (published). Justice Fybel, on behalf of a 3-0 panel of our local appellate court, reversed bench trial results in an opinion involving many UCC issues, such as gap fillers for contract formation, confirmation […]
The Second District, Division 1, in GE CCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings, LLC, Case No. B229879 (2d Dist., Div. 1 Mar. 29, 2012) (certified for publication), reversed a $42.2 million award in favor of a guaranty holder, finding a guaranty “bad boy” provision was not triggered when
$1.34 Million Fee Award Went POOF! Miske v. Bisno, Case Nos. A127596 et al. (1st Dist., Div. 4 Apr. 12, 2012) (partially published, including fee discussion) is an interesting case where the defrauded limited partner was treated as an innocent third party which produced a $1.4 million fraud compensatory verdict result. The defrauded
$127,616.90 Fee Award Evaporated. Defendants won a summary judgment against plaintiff contractor based on the determination that plaintiff could not recover because it did not have a contractor’s license. The trial court later awarded defendants attorney’s fees under Civil Code section 1717 of $127,616.90. That fee award went POOF! when the appellate court
Court Reminds Us About Right 998 Calculus, Sustains Broad Fees Clause Applying To Torts, And POOF!s Another Substantial Fee Award To Another Defendant After Reversing A Without Leave Demurrer. This next case is amazing in demonstrating how a relatively small loan of $100,000 can result in lots of attorney’s fees/expert fee recoupment to
In Shoyoye v. County of Los Angeles, Case No. B223542 (2d Dist., Div. 4 Feb. 23, 2012) (certified for publication), the Second District overturned a civil rights award of $202,700 to a plaintiff and against Los Angeles County for allegations relating to plaintiff’s claims he was kept in jail for 16 days due
No Place Like Home: FHA/FEHA Restrictions Held Not Applicable to Roommate Selection for Sharing Inside of Living Units. Roomate.com, LLC, which maintains a website asking questions about sex, sexual orientation, and familial status for individuals seeking roommates, must have been shocked when a district judge granted a summary judgment/permanent injunction based on finding
Reversal of Fortune on Appeal to Plaintiff Winning Substantial Jury Verdict and Substantial Attorney’s Fees Below. Acting Presiding Justice Bedsworth, as author for a 3-0 panel in Gardner v. Baby Trend, Inc., Case No. G043451 (4th Dist., Div. 3 Jan. 13, 2012) (unpublished), shows how reversal on the merits–even of a large substantial jury
Substantial Awards Were Reversed. As Justice O’Leary of our local Santa Ana court reminds us, reversal of a successful cross-complaint demurrer ruling (including a ruling on contractual claims) also means that the subsequent prevailing party determination goes POOF! also. The reason is that the contracts are still being litigated, and the prevailing party
The appellate court’s recent decision in Ross v. California Coastal Commission, Case No. B228624 (2d Dist., Div. 5 Oct. 20, 2011) (unpublished) demonstrates our POOF! principle in convincing fashion. There, the appellate court reversed a mandate petition in part which was favorable to plaintiffs. That reversal meant that the $260,000 fees award to
