Cases: Sanctions

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      This next opinion, Ashegian v. Beirne, Case No. B254020 (2d Dist., Div. 4 Nov. 19, 2014) (unpublished), is interesting because it deals with a first impression issue relating to […]

Sanctions: Sanctions Order Is Affirmed Where Properly Filed Motion To Quash Was Not Timely Withdrawn After It Became Unnecessary

Cases: Sanctions

Court Adopts Broad Interpretation To Statutory Reference To When The “Motion Was Made”.      In a published decision, the Sixth District, Division 1, affirms and holds “that a trial court may impose sanctions under Code of Civil Procedure section 1987.2 against a litigant for pursuing a motion to quash that, even though legitimately filed, was

Bankruptcy/Equity/Sanctions: Fee Recovery Affirmed And Reversed In Part In Case Involving Federal Work and Vexatious Litigant Orders

Cases: Bankruptcy Efforts, Cases: Equity, Cases: Sanctions

  Some Should Have Been Sought In Federal Court, But Vexatious Litigant Sanctions And Addition Of Attorney As Judgment Debtor, Who Assisted Vexatious Litigant, Was Proper.      Kempton v. Clark, Case No. B248713 (2d Dist., Div. 2 Sept. 25, 2014) (unpublished) is a real imbroglio involving bankruptcy adversary and state court proceedings in which vexatious

In The News . . . . N.D. Cal. Magistrate Judge Does Not Alter $2 Million Sanctions Award Against Quinn Emanuel And Samsung

Cases: Sanctions, In The News

  Postscript to Our June 25, 2014 Post.      On June 25, 2014, we posted on U.S. Magistrate Judge (N.D. Cal.) Paul Grewal’s $2 million sanctions award against Quinn Emanuel and Samsung for alleged disclosure of protected documents in the Apple smartphone litigation, payable to Nokia and Apple. Although a reconsideration motion was brought, Magistrate

In The News/Sanctions . . . . Boies Schiller Law Firm Sanctioned About $271,000 In Sanctions For Conflict-Of-Interest Representation

Cases: Sanctions, In The News

  Federal Judge Orders Money Paid to Prevailing Adversary Defendant, Reducing Requested Fees By About 34%.      In mid-August 2014, U.S. District Judge Colleen McMahon, in Madison 92nd Street Associates v. Courtyard Mgt. Corp., Case No. 13 Civ. 291 (S.D.N.Y.), sanctioned well-known firm Boies Schiller & Flexner LLP—dubbed as one of the top four “most

Discovery/Sanctions/SLAPP: Round-Up Of Three Unpublished Decisions On Fee/Sanctions Issues For September 18, 2014

Cases: Discovery, Cases: Sanctions, Cases: SLAPP

  Estate of Johnson, Case Nos. A134733 et al. (1st Dist., Div. 3 Sept. 18, 2014) (unpublished).      An attorney was sanctioned for $7,290 (representing fees incurred by another litigant) for making a false allegation in a probate Third Amended Petition. The basis for the award was under CCP § 128.7. The award was reversed

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