Bussey Court Abrogates Its Own Decision in Line With Criticisms Of Sister Appellate Courts As alluded to in our June 4 post discussing the recent Richlin Security decision, there was a prior rift in opinion among the California appellate courts over whether expenses such as expert witness fees, investigator fees, long distance […]
Fourth District, Division 3 Sanctions Losing In Pro Per Plaintiff By Affirming $40,000 Attorney’s Fees Award. Previously, an in pro per litigant filed an anti-SLAPP motion to strike a fraudulent transfer complaint by an opponent. (See Code Civ. Proc., §425.16 [anti-SLAPP statute].) In pro per lost the motion, and the trial
Second District Affirms Award of Anti-SLAPP Fees to Defendant Where Fee Attacks Were Not Supported by Competent Evidence. When opposing a fee motion, a litigant should support challenges with competent evidence. Such evidence can take the form of an expert witness or a particularized challenge to
Fourth District, Division 3 Finds Defendant Did Prevail and Award of Fees Eclipsing Damage Exposure By Three Was Not Out of Line. Imagine this one. Plaintiff sues defendant for $47,000 when defendant failed to purchase software and maintenance from plaintiff. Defendant brought a cross-claim for fraud, which it conceded was essentially
