Cases: POOF!

Eminent Domain, POOF!: Appellate Court’s Reversal Of Substantial Inverse Condemnation Judgment Also Meant Substantial Fee Award Fell

Cases: Eminent Domain, Cases: POOF!

$818,544 In CCP § 1036 Fees And $182,627 In Costs Went POOF!             Code of Civil Procedure section 1036 provides:  “In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, or the attorney representing the public entity who effects a settlement of that proceeding, shall determine and award or allow […]

POOF!, Probate: Four Successor Trustees’ Attorney’s Fees Of $74,824.50 Went POOF! Based Upon Failure To Show One Beneficiary Petition Was Prosecuted In Bad Faith And With No Differentiation Of Fees Between Two Petitions

Cases: POOF!, Cases: Probate

Trustees Failure To File A Respondents’ Brief Sealed The Result!             A beneficiary filing two petitions concerning two qualified personal residence trusts likely was shocked when a probate court granted $74,824.50 in attorney’s fees to four successor trustees after beneficiary voluntarily dismissed petitions after obtaining some desired results.  Beneficiary did well to appeal in Sterne

POOF!: Plaintiff Prevailing On Summary Adjudication Has His Contractual Damages Award, Interest, Costs And Contractual Attorney’s Fees Award Go POOF! On Appeal

Cases: POOF!

The Trial Court Erred In Granting Plaintiff’s Motion For Summary Adjudication On Breach Of Contract Claim Because Defendants Had Established A Triable Issue Of Fact, And That Error Prejudiced The Subsequent Bench Trial On Other Claims.             In Groth v. Gilad, Case Nos. A151497 and A150493 (1st Dist., Div. 5 November 18, 2019) (unpublished), plaintiff

Assignment, POOF!, Section 1717: Plaintiff’s $169,534.60 Fees Award Goes POOF! On Appeal

Cases: Assignment, Cases: POOF!, Cases: Section 1717

Although The Dispute Concerned Contractual Rights, The Contractual Attorney Fees Provision Relied Upon In Issuing Award Did Not Apply Because There Was No Breach Of Contract.             In McAlister Investments, Inc. v. Thomas, Case No. G056330 (4th Dist., Div. 3 Sept. 30, 2019) (unpublished), neighboring land owners got into a dispute pertaining to a

Class Actions, Employment, POOF!: Class Action Win Of Labor Code Section 226 Penalties And Attorney Fees Against Employer Goes POOF! On Appeal

Cases: Class Actions, Cases: Employment, Cases: POOF!

Employer’s Failure To Include Premium Pay On Wage Statements For “On Duty” Meal And Rest Periods Did Not Trigger Penalties Because Premium Pay Is A Statutory Remedy For An Employer’s Conduct – Not An Amount “Earned” By The Employee.             A certified class of former and current non-exempt employees brought a lawsuit against their

POOF!, Sanctions: $70,548.95 CCP § 128.5 Order Against Most Plaintiffs Reversed Based On Erroneous Denial Of Relief From Jury Trial Waiver

Cases: POOF!, Cases: Sanctions

Also, Another Plaintiff Was Not Give Safe Harbor Notice In Time To Do Anything—So, A Reversal.             The importance of the jury trial right was front and center in Mackovksa v. Viewcrest Road Properties, Case No. B288778 (2d Dist., Div. 7 Sept. 18, 2019) (published), although the ultimate merits reversal also made a reversal of

Costs, POOF!, Private Attorney General: Plaintiff’s CCP §1021.5 Fee Award Of $827,035 Went POOF! On Appeal

Cases: Costs, Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

Plaintiff Did Not Obtain Its Primary Litigation Objective Such That Fee Award Was Abuse Of Discretion; Prevailing Defendant’s Costs Request Was Improperly Stricken Because It Prevailed.            San Diegans For Open Government v. City of San Diego & San Diego Tourism Marketing Dist. Corp., Case No. D072181 (4th Dist., Div. 1 April 4, 2019) (unpublished) shows

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