Cases: POOF!

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     In Kayne v. Mense, Case No. B254975 (2d Dist., Div. 1 Mar. 25, 2016) (unpublished), defendants were found to have breached a fiduciary duty to plaintiff (giving rise to compensatory and punitive damages) and found […]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Grant Hotel Ventures, LLC v. American Property Management Corp., Case No. D066490 (4th Dist., Div. 1 Feb. 19, 2016) (unpublished), parties got into a hotel management imbroglio where plaintiff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

POOF!/Prevailing Party: $1.8 Million Interest, Costs, and Fee Award Goes POOF! When Appellate Court Trims Compensatory Award From $1.1 Million To $117,050

Cases: POOF!, Cases: Prevailing Party

  Prevailing Party Status Had To Be Redetermined After Reversal.     Hot Rods, LLC v. Northrop Grumman Systems Corp., Case No. G049953 (4th Dist., Div. 3 Dec. 7, 2015) (published) shows how appellate practice is not for the faint of heart.  The reviewing court will review the case for legal errors and will reverse based

SLAPP: SLAPP Winner’s Trial Court Win Of $12,270 Reversed Because Plaintiff Proffered Enough Evidence To Survive SLAPP Motion

Cases: POOF!, Cases: SLAPP

  Backdrop Was Diane Harkey’s Defamation Lawsuit Against State Board of Equalization Candidate After Her Exoneration In Alleged Fraud Charges For Her Husband’s Activities With Point Center Financial.     The next post stems from a State Board of Equalization candidate race in which plaintiff, one of the candidates, allegedly made slanderous statements about Diane Harkey,

Construction/POOF!: Losing Subcontractor On Private Project Retention Payment Dispute, Who Won On Appeal, Entitled To Fee Recovery Under Civil Code Section 8818

Cases: Construction, Cases: POOF!

  Subcontractor Hit With $150,000 Fee Award Below, Gets A Reversal Of Fortune—Merits Reversal Of Retention Claim Meant Subcontractor Now Gets To Seek Fees For Being the Winner On Appeal!      Here you may see what’s very rare, The world turn’d upside down; A tree and castle in the air, A man walk on his

POOF!/Prevailing Party: Winning Party In “Botched” Sale Of Advertising Sign Dispute Sees $369,284 Fee/Costs Award Go Away With Reversal Of Certain Tort Claims

Cases: POOF!, Cases: Prevailing Party

  $20,000 “Botched” Sale Resulted In Lots Of Damages And Fees, With A “Re-do” Based Upon Partial Reversals of Compensatory and Punitive Awards.      You gotta love how appellate courts can summarize disputes. Take Young Electric Sign Co. v. PC Dixon 1, LLC, Case No. C072212 (3d Dist. Oct. 28, 2015) (unpublished), modified Nov. 30,

Arbitration/POOF!: Postjudgment Arbitration Confirmation Attorney’s Fees Award Goes Away When Appellate Court Found Arbitration Was Not The Proper Controversy Forum

Cases: Arbitration, Cases: POOF!

  Parties Have To Go Back To Court, Says Appellate Court.     In Ahern v. Asset Management Consultants Inc., Case Nos. B253974/B257684 (2d Dist., Div. 7 Aug. 11, 2015) (unpublished), defendants successfully moved to compel arbitration against plaintiffs based on the theory they were bound by an arbitration clause in a real estate purchase/sale agreement

Costs, Deeds Of Trust, Fee Clause Interpretation, Prevailing Party, Section 1717: Deed Of Trust Trustee Did Prevail Under Civil Code Section 1717 Where It Defensed Tort Claims And It Took Neutral Position On Contractual Claim Under Broadly Worded Fees Cla

Cases: Costs, Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party, Cases: Section 1717

  POOF!:  Award of Fees/Costs To Plaintiff Reversed, With Remand To Award Fees/Costs To Prevailing Trustee.      Torigian v. WT Capital Lender Services, Case No. F068393 (5th Dist. June 24, 2015) (unpublished) is an interesting unpublished decision, authored by Acting Presiding Justice Cornell, where a neutral trustee under a deed of trust was found to

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