4/1 DCA So Rules In Unpublished Opinion. In Cui v. Secured Capital Ltd. Partnership, Case No. D078538 (4th Dist., Div. 1 Dec. 2, 2021) (unpublished), a trial judge entered a $97,000 fees/costs award against a commercial tenant based on tort and premises liability claims against landlord and its real estate broker about the suitability […]
Fee Clauses Without Prevailing Party Language Have Such A Condition Implied. Drink Tank Ventures, LLC v. Real Soda in Real Bottles, Ltd., Case Nos. B29881/B302215 (2d Dist., Div. 2 Nov. 10, 2021) (published) is an interesting case where a “prevailing party” had its intentional interference claim reversed as a matter of law. At the
$154,000 In Fees Went POOF! The appellate court in Save Our Access-San Gabriel Mountains v. Watershed Conservation Authority, Case Nos. B303494 et al. (2d Dist., Div. 8 Aug. 19, 2021) (published) reversed a CEQA petitioner’s win on a parking lot issue in entirety. Petitioner had won $154,000 in private attorney general statute fees (used
Absence Of True Injury To Owners Did Not Justify An Award Even Though Substantial Payments To Unlicensed Contractor Disgorged Under B&P § 7031(b). When you are dealing with fee entitlement, frequently, statutory interpretation is involved. If that is the case, you get de novo review—which can lead to a reversal of a fee award
Defendants’ Internet And Twitter Statements Against Plaintiffs Consisted Mainly Of "Vulgar And/Or Adolescent Personal Insults, Misogynistic, Racist, And Xenophobic Comments, And Other Slurs Having Nothing To Do With Any Reasoned Discussion Of Trustworthiness, Competence, Or Any Other 'Public Issue Or An Issue Of Public Interest.'” In Block v. Bramzon, Case Nos. B292129/B297198 (2d
In Separate Merits Appeal, Appeal Was Cognizable Although Possession Returned To Landlords During Appeal Because Review Would Determine Landlord Liability For Fees/Costs. In Lee v. Kotyluk, Case No. G058631 (4th Dist., Div. 3 Jan. 7, 2021) (published), landlords sought to evict a commercial tenant for selling marijuana without a license. The lower court found
$154,744 In Fees Was Requested. One Ford Road Homeowners Assn. v. Johnson, Case No. G058269 (4th Dist., Div. 3 Dec. 17, 2020) (unpublished), is just a reminder about how expensive HOA/homeowners disputes can be. Here, HOA won a CC&R dispute which was reversed on appeal as a matter of law. That resulted in an
Plaintiff’s Attempt To Initiate A Review Hearing With Private Swim Club On Coach’s Conduct Did Not Qualify As A Code Civ. Proc. § 425.16(e)(1) Official Proceeding Authorized By Law, And Swim Club’s Responding Accusation Against Plaintiff’s Son Did Not Qualify As An Issue Of Public Interest Pursuant To Anti-SLAPP Law. In
Principal Reasons For Reversal Were That Certain Aspects Of The Employment Agreement Violated Business And Professions Code Section 16600. Claimant/counter-claim respondent, former employee, was hammered pretty hard in an employment arbitration when the arbitrator rejected his claim for a $300,000 deferred bonus, found for employer on a counterclaim to the tune of $652,243 for
Plaintiff Failed To Comply With The Statutory Requirements For Substitute Service Of Process. Code Civ. Proc. section 415.20(b) provides the process by which substitute service of a summons and complaint may be made upon a party: “If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person
