And The Court Explains How The Stipulated Judgment Could Have Been Structured So As To Be Enforceable. "The principal issue in this appeal is whether the stipulated judgment constitutes an unenforceable penalty." Red & White Distribution, LLC, et al. v. Osteroid Enterprises, LLC and cross-complaint, B291188 (2/4 8/9/19) (Currey, Manella, Willhite). Here, "the parties […]
Rejection Of FRCP 68 Offers And Unnecessary Running Up Of Fees Sustained The District Judge’s Conclusion Below. This next case is a cautionary warning for all litigants and their attorneys—settlement is sometimes the only reasonable option when the defense makes every effort to do so. Here are the beginning two sentences of the opinion
Plaintiff Hit With Attorney Fees Provision In Valid Settlement Agreement After Unsuccessfully Attempting To Back Out In Martello v. Buck, Case No. B285001 (2d Dist., Div. 1 March 1, 2019) (unpublished), Plaintiff Doctor sued Defendants Patient husband and his wife for defamation, assault, and intentional infliction of emotional distress after Defendants expressed dissatisfaction with
Entry Of Judgment Based On 998 Offer Is A Ministerial Act That Cannot Involve Adjudication Of Dispute Over 998 Acceptance—Presumably An Independent Action Was The Remedy. In Coleman v. Sagar, Case No. B283005 (2d Dist., Div. 5 Oct. 9, 2018) (unpublished), there was a brouhaha over whether defendant properly accepted a CCP § 998
Ex-Clients Were Not Entitled To Rescind Settlement Agreement For Purported Ethical Violations. The First District, Division 1, in Property California SCJLW One Corp. v. Leamy, Case No. A152959 (1st Dist., Div. 1 Aug. 9, 2018) (published), had to confront whether ex-clients entering into a settlement agreement over a fee dispute with their former attorneys
Gail Killefer, ADR Administrator For The USDC, Central District, Offers A Practice Tip For Mediators And Parties In Federal Cases. Here's the tip from Gail Killefer: "Motions for attorney's fees may not be referred to a Magistrate Judge in the Central District unless the parties have consented to a Magistrate Judge for all purposes. See
Nothing Demonstrated Agreement Was Protected By Mediation Privilege And Failure To Object To Particular Entries Waived Any Real Challenge To Reasonableness Of Claimed Fees. Although there was some initial confusion on whether defendants wanted to enforce a settlement agreement with a “prevailing parties” fees clause, it looks like defendants took the plunge and then
Result Is That Matter Is Remanded So Post-Offer Reasonable Fees Can Be Awarded; Both Majority and Concurring Opinions Suggest School Districts Need To Make Their Offers Clear In Nature. The Individuals with Disabilities Education Act (“IDEA”) is a boutique practice involving a federal statute under which parents and school districts can resolve disputes over
Decision Deals With Care In Drafting Settlement/Consent Judgment Language. On December 2, 2017, we posted on Howeth v. Coffelt, a Fourth District, Division One unpublished decision showing how fee recovery must be obtained in a settlement/consent judgment arrangement where the remedies were narrow in nature. We can now report that the case was certified
Case Illustrates Care In Drafting Remedies Available Under a Consent Judgment Via Settlement. Howeth v. Coffelt, Case No. D072136 (4th Dist., Div. 1 Nov. 30, 2017) (unpublished) is a case reminding practitioners to pay particular attention to the remedies for a consent judgment ending a dispute reached through a settlement agreement. Here, a
