Cases: POOF!

POOF!/Sanctions: Appellate Reversal Of Without Leave Demurrer Ruling Meant Taxpayer’s Constitutionality Challenge Was Not Frivolous

Cases: POOF!, Cases: Sanctions

  Lower Court’s $5,000 Sanctions Order Reversed.     Egyptian taxpayers seized for non-payment of taxes.  H.G. Wells, The Outline of History (1920).  From Wikipedia article on Tax Resistance.       In Berjikian v. Franchise Tax Board, Case No. B252427 (2d Dist., Div. 7 Jan. 12, 2015) (unpublished), two taxpayers challenged the constitutionality of a Business […]

Settlement/Poof!: Court Of Appeal Refuses To Enforce Settlement Because Email Failed Electronic Signature Test–And Attorney’s Fees Go Poof!

Cases: POOF!, Cases: Settlement

Dot I’s and Cross T’s When Relying On An Electronic Signature!      In J.B.B. Investment Partners, Ltd. v. Fair, Case Nos. A140232, A141228 (1/2 Dec. 30, 2014) (Kline, Richman, Stewart), the Court of Appeal reversed a trial court’s enforcement of a settlement agreement under CCP section 664.6, because email and voicemail messages failed to

Private Attorney General: $119,313.50 CCP § 1021.5 Fee Award Goes POOF! On Appeal

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

  Reason Was That Plaintiff Was Not Successful Party As A Matter Of Law Under Catalyst Theory.      Plaintiff in Washoe Meadows Community v. Cal. Dept. of Recreation, Case No. A139197 (1st Dist., Div. 5 Dec. 30, 2014) (unpublished) obtained an attorney’s fees award of $119,313.50 in a CEQA mandate proceeding involving a challenge to

Private Attorney General/Sanctions/Special Fee Shifting: Defendants Winning Demurrer On B & P Code Section Relating to Legal Advertising Improperly Awarded Fees Under B&P Code § 6158.4(i), Incorporating Private Attorney General Fee Entitlemen

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5), Cases: Sanctions, Cases: Special Fee Shifting Statutes

  $18,900 Fee Award Goes POOF!, But Opponent’s CCP § 128.7 Motion Correctly Denied Where Defendants Trimmed Fee Request Down After Getting Safe Harbor Documents.      This next opinion, Ashegian v. Beirne, Case No. B254020 (2d Dist., Div. 4 Nov. 19, 2014) (unpublished), is interesting because it deals with a first impression issue relating to

Costs/Section 1717/Prevailing Party/Poof!: Former Client Prevailing In Fee Arbitration/Bench Trial Was Prevailing Party, Such That $ 1.16 Million Fee Award Against Client And In Favor Of Former Attorney Reversed As A Matter Of Law

Cases: Costs, Cases: POOF!, Cases: Prevailing Party, Cases: Section 1717

  Sears v. Baccaglio Decision Found Not Viable CCP § 1032 “Prevailing Party” Law.      This one is an interesting one under section 1717/CCP § 1032 routine costs jurisprudence.      Here, client at first suffered a default judgment of $86,676.88 in favor of former attorney, but client obtained relief from the default judgment from the

Private Attorney General Fees: Award Of Fees To Patient Is Overturned Because He Did Not Show Enforcement Of Public Right Was Necessary

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5), Cases: Standard of Review

Fee Award Of $126,974.13 Goes Poof !     The Sixth District has overturned a fee award to an unfortunate dental patient for injuries arising from negligently performed dental work because private enforcement of the public right vindicated was unnecessary – a predicate for recovery of fees under California Code of Civil Procedure, section 1021.5.  Bui

Civil Rights/POOF: Reversal Of Discrimination Claim Based On Instructional Error Meant Entire Fee/Costs Award Went POOF!

Cases: Civil Rights, Cases: POOF!

  $503,450.02 Fee Award and $31,679.08 Costs Award Went Away For Now, Even Though Reversal As To Only One Defendant.      Plaintiff won a FEHA-based lawsuit against both a school district and an individual in Norton v. San Bernardino City Unified School District, Case No. G049496 (4th Dist., Div. 3 Oct. 9, 2014) (unpublished). After

Costs/POOF!/Family Law: Trifecta Of Appellate Decisions For 9/16/14

Cases: Costs, Cases: Family Law, Cases: POOF!

  Raceway Ford Cases, Case Nos. E054517/E056595 (4th Dist., Div. 2 Sept. 16, 2014) (published)      In this one, the defense—except for one fraud claim as to one plaintiff—waxed plaintiffs bringing various consumer and unfair competition claims. Defendants’ reward was a $1,503,084.50 fee recovery under various statutes. However, that went POOF! on appeal when several

Equity/POOF!/Substantiation Of Fees: Reversal Of Default Judgment To Ex-Attorneys Against Client Meant Award Of Fees Had To Be Revisited Also

Cases: Equity, Cases: POOF!, Cases: Substantiation of Reasonableness of Fees

  Further, Costs Needed To Be Authenticated Better.      Bohm, Matsen, Kegel & Aguilera v. Bonilla, Case No. G048212 (4th Dist., Div. 3 Sept. 9, 2014) (unpublished), authored by Justice Bedsworth, had this to say about a default judgment which needed some more development on remand: “Once again, we reiterate that obtaining a default is

POOF!/Prevailing Party/Trade Secrets: Prior Reversal Of Tort Claim Dismissals In Trade Secret Case Meant Attorney’s Fees Award Had To Be Overturned Also

Cases: POOF!, Cases: Prevailing Party, Cases: Trade Secrets

  $1.5 Million Award Went POOF!      Earlier, in Angelica Textile Services, Inc. v. Park, Case No. D063027 (4th Dist., Div. 1 Aug. 19, 2014) (unpublished), the appellate court overturned a lower court dismissal of certain tort claims based on the notion that the Uniform Trade Secrets Act (UTSA), which has a fee-shifting provision if

Scroll to Top