Cases: POOF!

Appealability, Landlord-Tenant, POOF!: Reversal Of Unlawful Detainer Judgment Against Landlords Required Reversal Of Related Attorney’s Fees/Costs Award

Cases: Appealability, Cases: Landlord/Tenant, Cases: POOF!

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

Poof!, SLAPP: Trial Court’s Award Of $11,075 In Attorney Fees And Costs To Successfully SLAPPing Defendant Goes Poof! When 4/3 DCA Reverses SLAPP Grant

Cases: POOF!, Cases: SLAPP

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

Arbitration, POOF!: By Invalidating Portions Of An Arbitration Award And Remanding On Other Issues, Substantial Attorney’s Fees And Costs Award Against Arbitration Claimant/Counter-Respondent Also Sent Back For A Revisit

Cases: Arbitration, Cases: POOF!

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

POOF!: Trial Court’s Granting Of Defendant’s Motion For Relief From Default Judgment Of $1,402,124, Which Included $103,728 In Attorney Fees And $1,997 In Costs, Affirmed On Appeal

Cases: POOF!

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

Arbitration, POOF! Arbitrator’s Award To Defendant Of $258,181.03 In Attorney Fees Goes POOF! On Appeal

Cases: Arbitration, Cases: POOF!

Arbitrator Exceeded Authority On Remand By Conducting Arbitration Inconsistent With Instructions From The 4/1 DCA             It may not happen often, but arbitration awards do occasionally get reversed.  In this case, litigants are now returning for round three.             In the first round, plaintiffs received an arbitration award of $30,000,000 in compensatory and punitive damages. 

Intellectual Property, POOF!: Federal Circuit Court Of Appeals Reverses $1.1 Million “Exceptional Case” Fee Award In Patent/Trademark/Trademark Litigation

Cases: Intellectual Property, Cases: POOF!

The Problem Was That The Claims Were Dismissed Before Fully Adjudicated, With The Fee Claimant Failing to Show In Detail Why They Were Wholly Lacking In Merit.             In Munchkin, Inc. v. Luv N’ Care, Ltd., No. 2019-1454 (Fed. Cir. June 9, 2020) (precedential), spillproof cup rivals engaged in federal intellectual property litigation, with Plaintiff

Eminent Domain, POOF!: Reversal Of $328,000 Inverse Condemnation Merits Judgment Meant That $529,540.40 Fees/Costs Award Against City Of San Diego Went POOF!

Cases: Eminent Domain, Cases: POOF!

Merits Reversal Hinged On City Not Bearing Responsibility For Private Pipeline Non-Maintenance Where City Refused A Public Dedication Offer.             In Ruiz v. County of San Diego, Case No. D074654 (4th Dist., Div. 1 March 17, 2020) (unpublished), Plaintiff homeowners obtained a $328,000 inverse condemnation award against the County of

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

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