Reversal of SLAPP Grant Also Resulted in Fee Recovery Going Away. In Kovac Media Group, Inc. v. LaPolt, Case No. B247579 (2d Dist., Div. 3 Feb. 25, 2015) (unpublished), plaintiff talent manager sued defendant entertainment attorney in an action over common clients. Lawyer SLAPPed three out of six causes of action, with the […]
License Agreement Involving the “Four Seasons” Was At Center Of Controversy. This next post is a fun one, involving the “Four Seasons” and “Jersey Boys,” and of course the different band members and an agreement between all of them granting transfer of rights about aspects of their lives with the band, including biographies.
Appellate Court Ordered Apportionment to Limit Fee Award to Those Incurred Solely to the Section 7107 Claim, Meaning $3.85 Million Fee Recovery Went POOF! For Now. In FTR International, Inc. v. Rio School Dist., Case No. B238618 (2d Dist., Div. 6 Jan. 27, 2015) (partially published; fee discussion published), school district and its
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 In Berjikian v. Franchise Tax Board, Case No. B252427 (2d Dist., Div. 7 Jan. 12, 2015) (unpublished), two taxpayers challenged the constitutionality of a Business
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
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 of Recreation, Case No. A139197 (1st Dist., Div. 5 Dec. 30, 2014) (unpublished) obtained an attorney’s fees award of $119,313.50 in a CEQA mandate proceeding involving a challenge to
$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 This next opinion, Ashegian v. Beirne, Case No. B254020 (2d Dist., Div. 4 Nov. 19, 2014) (unpublished), is interesting because it deals with a first impression issue relating to
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
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
$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
