Here are the remaining December 31, 2012 intermediate DCA decisions on fees/costs issues, Liens For Attorneys Fees: Timothy D. Reubon, Inc. v. One West Bank, Case No. B234958 (2d Dist., Div. 1 Dec. 31, 2012) (unpublished) In this one, judgment creditor/former attorney obtained a judgment against judgment debtor/former client for past due services. […]
Amount of Fees Awarded Was Sustained, Especially Given One-Third “Haircut.” Defendants in Hanna v. Gabriel, Case No. B238484 (2d Dist., Div. 1 Dec. 27, 2012) (unpublished) prevailed in a dispute with a contract having a prevailing party fees clause. They sought about $75,000 in fees, supported by a declaration from one attorney describing
In Fogh v. Los Angeles Film Schools, Case No. B230520 (2d Dist., Div. 2 Dec. 18, 2012) (unpublished), a plaintiff determined to be an administratively exempt employee did obtain a $13,972 compensatory unpaid overtime award. But, wait, the employee was then awarded postjudgment fees of $96,800 against defendant, provoking an appeal. The
Block Billing, Failure to Describe Tasks, and Insufficient Hourly Rate Proof Were the Main Infirmities. Above: Ancient Greek iron sickle. Author: Giovanni Dall’Orto. Wikimedia Commons. U.S. Magistrate Judge Paul S. Grewal of the Northern District of California, in Apple, Inc v. Samsung Electronics Co., Ltd., et al., Case No. C 11-1846 LHK (PSG)
Fees Were Less Than Requested Based on Defendants’ Excessive Litigation Style, But Were Justified Because Plaintiff Did Everything Possible Not To Pay Under the Settlement. Civil Code section 1717 fee proceedings are equitable in nature. Don’t think for one moment that trial judges presiding over fee motions do not factor in each side’s
Frei v. Davey Controlled. Judge Ikola, in a 3-0 opinion in Aaron v. Faraj, Case No. G046457 (4th Dist., Div. 3 Sept. 6, 2012) (unpublished), dealt with a defendant wife’s claims that she was improperly assessed with attorney’s fees because (1) plaintiff did not satisfy the mediation condition precedent to fee recovery contained in
Timeliness, Nonsignatory, Prevailing Party, and Reasonableness Arguments All Rejected on Appeal. Jones v. Ju, Case No. E053266 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) involved a real property successor owner who knew about a reciprocal easements agreement but forced one of the adjoining owners to get a declaratory relief judgment on its
Fourth District, Division 3 Also Holds that a Pet Owner May Recover For Mental Suffering Cause By a Trespass Injuring or Killing Owner’s Animal. Co-contributors Marc and Mike like this one, because they both have dogs—Marc has Watson and Mike has Riffle. The Fourth District, Division 3 in Plotnik v. Meihaus, Case
Quarter Reduction Reasonable and Fees Not Extraordinary Based on Full Payoff. Here is one that we chalk up to “what are we all doing here” … subject to the caveat of maybe there is something we don’t know about. In Wells Fargo Home Mortgage, Inc. . Cadlerock Jt. Venture, L.P., Case No.
Law Firm’s Appeal Lacked Merit on Procedural and Merit Grounds–”Get Outta Here”. You know, this case does not really fit well within our categories, and co-contributor Marc is a stickler for trying to put our posts into categories. However, a very entertaining decision has come down from our local Santa Ana appellate court,
