Second District, Division 7 Requires Compliance By the Numbers. Martorana v. Marlin & Saltzman, Case No. B209863 (2d Dist., Div. 7 July 1, 2009) (certified for publication) involved a plaintiff wage/hour class member that brought an independent action against defendant Allstate and class counsel alleging negligence in the claim filing process. Allstate’s and […]
Fourth District, Division 1 Sanctions Party and His Counsel for Not Notifying It About a Bankruptcy Case with Automatic Stay Implications. The next case is not that remarkable for affirming a $96,000 award of fees to a receiver and his counsel, but reminds us that the trial court can equitably divide the fees against
First District, Division 3 Resolves Conflict Between CCP sections 1987.5 and 2020.510(b). A percipient nonparty witness was served with a deposition subpoena commanding him to give testimony and produce documents during the discovery process. However, the subpoena had no affidavit or declaration of good cause. Nonparty banked on the invalidity of the subpoena because
Second District, Division 8 Rejects Challenges to Fee Award. In Barba v. Anderson-Mota, Case No. B206213 (2d Dist., Div. 8 June 24, 2009) (unpublished), plaintiff’s attorney was two hours late in attending a noticed deposition of his client, after leaving a message he would be an hour late and then being inaccessible for
Fourth District, Division 2 Upholds No Sanctions Award in Unpublished Opinion. In our category “Family Law Awards,” we have surveyed many past decisions awarding fees against family law litigants based on Family Code section 271, which allows an award of fees as a sanction against a litigant that frustrates settlement, increases the cost of
L.A. Local Rule Had to Yield to Family Code Allowing for Oral Fee Request. In Sadegh v. Nikjeh, Case No. B201036 (2d Dist., Div. 2 May 6, 2009) (unpublished), a family law judge denied an oral request for a temporary “needs” attorney’s fees award under Family Code section 2031 because L.A. County Superior Court
Ninth Circuit Apparently Agrees, Also. We would like to thank Hon. Lawrence C. Waddington (Ret.), former Los Angeles County Superior Court judge who is now a neutral with JAMS, for contributing an April 21, 2009 post on enBanc, the Los Angeles County Bar Association’s blog, about a recent Second Circuit decision that has fee
Ninth Circuit Reverses District Court’s Sanctions Order. In an American with Disabilities Act (ADA) case, a district judge dismissed a lawsuit based on plaintiff’s lack of standing and imposed monetary sanctions against plaintiff and his counsel for bringing a frivolous case. The Ninth Circuit reversed the standing determination, which also meant that the sanctions
First District, Division 3 Affirms Fee Denial; Wife Also Hit With $4,000 in Sanctions Under Section 271. Ex-wife was married over 18 years to a successful attorney, who was apparently generous in both support payments and settlement equalizations in dissolution proceedings—at least according to the Court of Appeal. There were substantial assets to divide,
Second District, Division 7 Reverses Award in Published Decision. For years, insurance carriers have raised due process concerns to their participation in mediation and mandatory settlement conferences, although more and more court rules require their participation in these processes. However, the next case illustrates that carriers are not subject to “bad faith” settlement
