Cases: POOF!

Eminent Domain/POOF!: Postjudgment Fee Awards Against Condemnor In Eminent Domain Action Reversed Because Owner’s Demand Was Not Reasonable And Agency’s Demand Was Not Unreasonable

Cases: Eminent Domain, Cases: POOF!

  $122.650 In Awarded Attorney’s Fees And $61,007.34 In Expert Fees Went Away On Appeal – POOF!      In San Diego Assn. of Governments (SANDAG) v. Vanta, Case Nos. D065476 & D066560 (4th Dist., Div. 1 July 20, 2016) (unpublished), Vanta obtained a $1,441,095.20 compensatory award in an eminent domain case after Vanta offered to […]

Homeowner Associations/POOF!: $159,269.61 In Attorney’s Fees And Costs To HOA Evaporated On Appeal In Landscaping Plan Submission Dispute

Cases: Homeowner Associations, Cases: POOF!

  Sobering Case for HOAs, Good One for Homeowners.      Winchester Community Assn. v. Perrotta, Case No. C075562 (3d Dist. July 21, 2016) (unpublished) involved a situation where homeowners and an HOA got into a dispute over the review of submission of landscaping plans. Association won at the trial level and was awarded attorney’s fees

Intellectual Property, POOF!, Celebrities: Ninth Circuit Affirms Summary Judgment In Favor Of Madonna, Producer Of The Song “Vogue,” And Others Based on De Minimis Copyright “Copying”

Cases: Celebrities, Cases: Intellectual Property, Cases: POOF!

  However, Attorney’s Fees Award For The Material Girl And Other Defendants Reversed Because Plaintiff’s Theory Was Not Objectively Unreasonable.   Source:  Wikipedia, Article “Madonna.”  Author: Olavtenbroek.   Creative Commons Attribution-Share Alike 3.0 Unported license.     Well, VMG Salsoul, LLC v. Madonna Ciccone, Nos. 13-57104/14-55837 (9th Cir. June 2, 2016) (published) does involve the “Material Girl”

Deed Of Trust, Fee Clause Interpretation, POOF!: One Action Rule Barred Award Of Attorney’s Fees To Lender Based On Wording In Trust Deed Fees Clause

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!

  Result Was That Trial Court’s Award Of $175,000 In Fees Went POOF!      The lender in HSBC Bank, USA v. Wells Fargo Bank, N.A., Case No. B266405 (2d Dist., Div. 6 May 16, 2016) (unpublished) likely was surprised by the result in this case, but it also shows you how powerful the one action

Fee Clause Interpretation/POOF!/Prevailing Party: Remand To Clarify Damages Awarded To Nonprevailing Plaintiff Real Estate Buyers Meant Substantial Fee Award To Prevailing Real Estate Seller Needed To Be Revisited On Remand

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party

  Award of Over $477,000 in Fees/Costs Went POOF!      In Fong v. Sheridan, Case Nos. A144286/A14522 (1st Dist., Div. 1 Apr. 21, 2016) (unpublished), buyers of seaside property sued seller and a dual broker agent for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told buyers at a pre-sale stage

Consumer Statutes/Deeds Of Trust: Where Borrower Was Granted Erroneous TRO Under Homeowner Bill Of Rights, $14,000 Fee Award Under Bill Of Rights Went POOF!

Cases: Consumer Statutes, Cases: Deeds of Trust, Cases: POOF!

  Predicate for Fee Entitlement Evaporated.      In our June 14, 2015 post, we discussed the Third District’s decision in Monterossa v. Superior Court, 237 Cal.App.4th 747, 754 (2015), which decided that attorney’s fees were properly awarded to a borrower obtaining a preliminary injunction against lender “dual tracking” under Civil Code section 2924.12(i) (the Homeowner

Appealability/POOF!/Special Fee Shifting Statute: Reversal Of Penal Code Section 496(c) Verdict Means $1.15 Million Fee And Costs Award Went POOF!

Cases: Appealability, Cases: POOF!, Cases: Special Fee Shifting Statutes

  Postjudgment Fees Also Reversed, But Expert Witness Fees Sustained Based On Failure To Separate Appeal The Postjudgment Award.     In Kayne v. Mense, Case No. B254975 (2d Dist., Div. 1 Mar. 25, 2016) (unpublished), defendants were found to have breached a fiduciary duty to plaintiff (giving rise to compensatory and punitive damages) and found

Fee Clause Interpretation/POOF!: Nonprevailing Cross-Complainant Appealed $4.2 Million Fee Recovery In Case Producing Somewhat Split Results

Cases: Fee Clause Interpretation, Cases: POOF!

  …. Smart Move – Fee Award Entombed On Appeal. Tomb of General Ulysses S. Grant, Riverside Drive, NYC.  1897.  Library of Congress.      In U.S. Grant Hotel Ventures, LLC v. American Property Management Corp., Case No. D066490 (4th Dist., Div. 1 Feb. 19, 2016) (unpublished), parties got into a hotel management imbroglio where plaintiff

Arbitration/Ethics/POOF!: $1.3 Million Judgment Based On Arbitration Award Goes Away Because Former Attorneys Violated CRPC Rule 3-310

Cases: Arbitration, Cases: Ethics, Cases: POOF!

  Trial Court Approved Arbitration Award Involving Contract Against Public Policy, So Remanded To Determine When Actual Conflict Arose.      Everyone thinks that there is little hope of appealing arbitration awards. However, that is not true where the underlying claim rests on a contract which is illegal or against public policy.      A client’s former

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