Fourth District, Division Two Reverses Fee Awards Against Defendants and Their Counsel. Defendants and their counsel lost a motion to disqualify plaintiffs’ counsel in an unlawful detainer trial. The trial court ordered that losing defendants and their counsel, jointly and severally, pay plaintiffs’ attorney’s fees of $8,776.25, as sanctions, under Code […]
Lombardo and Qualcomm Typlify Cases Sustaining Substantial Fee Awards in E-Discovery Disputes. About a year ago, LiveOffice, an on-demand messaging security provider, released these fascinating findings based on a nationwide survey: · 53% of 400 IT managers and consumers admitted that they were not in position to meet federal
First District Reverses Fee Sanctions Award and Award to State Under Code of Civil Procedure section 1038, But Affirms 998 Award to State. This next case establishes that fee sanctions must have a firm basis in legislatively-authorized statutes (or implementing rules) that have solid due process protections. Relying only on inherent
Fourth District, Division Three Remands to Lower Court For Award of Sanctions under Section 271. We reviewed the fee shifting provision in Family Code section 271—which is considered to be akin to a sanction—in our July 7, 2008 post discussion of In re Marriage of MacIntyre and in our July 8,
Fee Sanctions Awards Under Both Code of Civil Procedure section 128.7 and Family Code section 271 Sustained On Appeal. In another July 8, 2008 post, we discussed In re MacIntyre, a First District unpublished decision affirming an approximately $12,000 attorney’s fees sanction awarded under Family Code section 271. In the next
First District, Division Two Rejects Importation of These Requirements Into Family Code section 271. At last, we have a post for you family law practitioners on a fee award issue. Family Code section 271 authorizes fees/costs awards to the extent that a party frustrates the policy of
Second District Affirms $138,469.01 Fee Award For Improper Denial of Crucial Requests for Admission. Code of Civil Procedure section 2033.420(a) provides trial courts with authority to impose reasonable expenses, including reasonable attorney’s fees, which a requesting party incurs in proving the truth of any matter that is not admitted through the
Court of Appeal Construes Its Power to Sanction and Award Fees For Noncompliance with Local Mediation Program Dictates. Many appellate courts, including the Third District Court of Appeal (Sacramento), have appellate mediation programs by which parties to an appeal can try to informally resolve the case either before or after briefing
