$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individual in Norton v. San Bernardino City Unified School District, Case No. G049496 (4th Dist., Div. 3 Oct. 9, 2014) (unpublished).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 […]
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
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 Bohm, Matsen, Kegel & Aguilera v. Bonilla, Case No. G048212 (4th Dist., Div. 3 Sept. 9, 2014) (unpublished), authored by Justice Bedsworth, had this to say about a default judgment which needed some more development on remand: “Once again, we reiterate that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
$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 Earlier, in Angelica Textile Services, Inc. v. Park, Case No. D063027 (4th Dist., Div. 1 Aug. 19, 2014) (unpublished), the appellate court overturned a lower court dismissal of certain tort claims based on the notion that the Uniform Trade Secrets Act (UTSA), which has a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
Neither CCP § 1021.5 Nor 42 U.S.C. § 1988 Supported Fee Award. In Rivera v. County of Riverside, Case No. E055956 (4th Dist., Div. 2 Aug. 1, 2014) (unpublished), plaintiff obtained mandate for an administrative hearing based on her termination by the County of Riverside under unusual factual circumstances, eventually leading to a
Karnazes v. Hartford, Case No. A139421 (1st Dist., Div. 2 June 27, 2014) (unpublished) In a long-standing antagonistic battle between two former law partners, a cross-respondent was awarded costs by the appellate court after a cross-appeal was dismissed. The winner then filed a costs memo for $627.50 in appeals costs, prompting yet another appeal after
Client’s Fee/Costs Recovery of $688,634 Goes POOF! For Now. In Fleischman v. Law Office of Paul Stanton, Case No. B216898 (2d Dist., Div. 8 June 12, 2014) (unpublished), which involved nasty conservatorship/elder abuse claims among trust beneficiaries with respect to a deceased trustee, client was able to invalidate a retainer agreement which placed
$14.625 Million Jury Compensatory Award Went Away, Too. Concept Chaser Co., Inc. v. Pentel of America, Ltd., Case Nos. B241929/B243330 (2d Dist., Div. 7 May 27, 2014) (unpublished) drew a majority and two concurring opinions in a case where a breach of contract jury verdict of $14.625 million and postjudgment fee award of
Judicial Lien Imposition Found to be the Equivalent of an Improper Deficiency Judgment. Borrower/former owner of San Diego property damaged by 2007 wildfires was nonjudicially foreclosed out of the property by a junior lienholder, which held the property for a couple of years before losing it to a foreclosing senior lienholder. Former owner
Lodestar Plus 2.0 Positive Multiplier Fee Award Went Away. Van de Kamps Coalition v. L.A. Community College District, Case No. B241970 (2d Dist., Div. 2 Apr. 2, 2014) (unpublished)involved a CEQA challenge in litigation between plaintiff and LACCD (primarily) regarding the historic Van de Kamp’s Bakery property located around Fletcher Drive and San
