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 In Sadegh v. Nikjeh, Case No. B201036 (2d Dist., Div. 2 May 6, 2009) (unpublished), a family law judge denied an oral request for a temporary “needs” attorney’s fees award under Family Code section 2031 because L.A. County Superior Court […]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
Client Is Not Aggrieved or Does Not Have Beneficial Interest for Purposes of Seeking Review of Attorney Sanctions Order. Attorneys get socked with a $12,504 sanctions order under Code of Civil Procedure section 128.7 in construction defect litigation. Their client then appeals or seeks writ review of the adverse order. Result? Client has no
Federal Court of Appeals Prefers Bright-line Rule; Also Reaffirms that Ability to Pay Is a Relevant Factor in Assessing Rule 11 Sanctions. Although we usually stick to California cases, we discuss a colorfully written decision by the Seventh Circuit on wealth/ability to pay as a factor to be considered when assessing attorney’s fees as
Sixth District Vacates $730,466.10 Default Judgment and Reinstates Defendant’s Answer. The next case is a good example of the POOF! principle. Plaintiff obtained a $730,466.10 default judgment against defendant, set up by the trial court’s grant of terminating sanctions for failure to respond to discovery requests. The only problem is that the record did
Court of Appeal Affirms Substantial Fee Award, But Reverses CCP Section 128.7 Sanctions. As our Mission Statement warns, attorney’s fees can make or break a litigant given the high costs of taking a case to verdict or decision. The next litigant learned this message all too well, when a substantial fee award was affirmed
Second District, Division 3 Calls Into Question Whether Defense Needs to Answer Some Personal Injury Questions in Many Cases. Discovery is the bane of most litigators’ existence. It is freely allowed (subject to certain limitations)—vacillating from tedious and time consuming (at one pole) to burdensome and extremely expensive (at the other side of the
