Cases: Settlement

Liens For Attorney Fees, Settlement: Attorney Assigned Some Of A Prevailing Party Fee Award Judgment Was Entitled To Remaining Proceeds In A Malpractice Action Settlement After Payment Of Malpractice Counsel’s Contractual Lien

Cases: Liens for Attorney Fees, Cases: Settlement

Opinion Has An Interesting Discussion Of Whether A Suspended Or Disbarred Attorney Can Obtain Assignment Of A Judgment, With The Attorney Structuring The Assignment Correctly.             In Children Solution, LLC v. Altman (Mastroianni), Case No. B317816 (2d Dist., Div. 1 Oct. 31, 2023) (unpublished), plaintiffs lost to defendants in a bench trial, with the defense […]

Appeal Sanctions, Sanctions, Settlement: No Abuse Of Discretion In Trial Court’s Order Sanctioning Plaintiffs $10,000 For Failure To Execute Settlement Agreement

Cases: Appeal Sanctions, Cases: Sanctions, Cases: Settlement

The Record Reflected That The Parties Agreed In Open Court To Put The Oral Settlement Agreement In Writing And That Deadlines For Payment Of Settlement Funds Would Be Triggered By Full Execution Of The Written Settlement Agreement.             In Tricoast Builders v. Frederick, Case No. B307825 (2d Dist., Div. 6 October 18, 2021) (unpublished), homeowner

Consumer Statutes, Settlement: Attorney’s Fees Award In Lemon Law Case Affirmed As To Settling Party’s Responsibility, With Other Party Not Agreeing To Pay Fees Not Responsible

Cases: Consumer Statutes, Cases: Settlement

Given Merits Judgment Was Paid, Other Party Was Not Responsible For Fees.             The next case we post on, Carter v. Mike Thompson Recreational Vehicles, Case No. G058205 (4th Dist., Div. 3 Sept. 14, 2021) (unpublished), shows how care needs to be given to drafting settlement agreements as far as preserving attorney’s fees exposure to

Fee Clause Interpretation, Settlement: Post-Settlement Fee Efforts Were Not Compensable Under Specifically Crafted Fees Clause Agreed To By The Parties

Cases: Fee Clause Interpretation, Cases: Settlement

About $2.2 Million In Fees, Plus Multiplier, Denied To Plaintiff In Supplemental Fee Request.             Willis v. L.A. County Waterworks Dist. No. 40, Case No. F082766 (5th Dist. May 26, 2021) (unpublished) is an example of where a carefully crafted fees clause in a settlement agreement may govern supplemental fee requests by a claiming party.

Settlement: Lack Of Mutual Assent Under Settlement Agreement On Attorney’s Fees Allocation Issue Rendered the Settlement Unenforceable

Cases: Settlement

That Vacated $77,980 In Attorney’s Fees And $12,144.45 In Costs In Favor Of Settling Plaintiff.             In Vasquez v. Jameson Management, Inc., Case No. D077598 (4th Dist., Div. 1 May 20, 2021) (unpublished), plaintiff/former employee and defendant/former employer tentatively agreed to a letter settlement on the eve of a FEHA disability trial by which financially

Prevailing Party, Section 1717, Settlement: “Dismissal Pursuant To A Settlement Of The Case” Language In Civil Code Section 1717 Does Not Encompass Settlement With CCP § 664.6 Jurisdiction and Attorney’s Fees Clause Covering Post-Settlement Efforts

Cases: Prevailing Party, Cases: Section 1717, Cases: Settlement

Appellant’s Construction Would Thwart Settlement Efforts.             Appellant in Wash v. Wash, Case No. F077486 (5th Dist. Mar. 11, 2021) (unpublished) earlier appealed an order enforcing a settlement agreement with a contractual fees clause, an appeal that he lost.  Respondent requested appellate fees of $18,216.98, with the trial judge awarding $9,321 against appellant.  Although the fee

Consumer Statutes, Fee Clause Interpretation, Settlement: $65,000 Attorney’s Fees Award And $7,987.40 Costs Award Under Lemon Law Settlement Stipulation Are Affirmed On Appeal

Cases: Consumer Statutes, Cases: Fee Clause Interpretation, Cases: Settlement

Lower Court Properly Harmonized Seemingly Conflicting Terms Of Settlement Stipulation.             In Boykin v. Premier Universal, Inc., Case No. F078689 (5th Dist. Dec. 17, 2020) (unpublished), the parties settled a lemon law case, but reserved the issue of recovery of attorney’s fees for a subsequent motion.  The problem was that the settlement stipulation had conflicting

Section 1717, Settlement: Settlement Agreement Silent As To Allocation Of Attorney’s Fees/Costs Did Not Bar Section 1717 Fee Recovery By Prevailing Alter Ego Defendant

Cases: Section 1717, Cases: Settlement

$15,806.50 Fee Recovery Affirmed, Plus Fees/Costs On Appeal.             The next case shows how one needs to make fees/costs recovery explicit under a settlement agreement; if not, a later prevailing party not involved may get attorney’s fees and costs.            In J Sylvester Construction, Inc. v. Standeford, Case No. G057337 (4th Dist., Div. 3 Jan.

Allocation, Fee Clause Interpretation, Lodestar, Prevailing Party, Reasonableness Of Fees, Section 1717, Settlement: Reasonable Discretion Exercised In Awarding Defendant Only 20% Of Requested $177,712 In Fees

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Lodestar, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Settlement

The Legal Principles Of Civil Code Section 1717 and Santisas Governed.             Both parties appealed the fee results in Rusnak/South Bay v. Glukel Group, Case No. B286513 (2nd Dist., Div. 3 Sept. 27, 2019) involving a dispute between landlord and tenant – with tenant plaintiff advancing contract and tort claims against landlord.         

Liens For Attorney’s Fees, Settlement: Judgment Creditor’s Settlement And Release Of Judgment Debtor Did Not Release Interference Claims Against Judgment Creditor’s Attorney Obtaining Judgment Against Judgment Debtor

Cases: Liens for Attorney Fees, Cases: Settlement

Interference Claim Was Righteous And Not Released By Judgment Debtor’s Unilateral Settlement With Judgment Creditor.             Mancini & Associates v. Schwetz, Case No. B290498 (2d Dist., Div. 6 Sept. 4, 2019) (published) goes to show you that a client/judgment creditor has no ability to unilaterally release claims that client’s attorney has against a third-party judgment

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