Cases: Settlement

Three-Fer From Recent California And ABA Monthly Magazines/Papers

Cases: Class Actions, Cases: Insurance, Cases: Retainer Agreements, Cases: Settlement, Off Topics

  No. 1: Ellen Peck Reviews “Fees, Fee Agreements & Arbitrations” in December 2009 Edition of CALIFORNIA BAR JOURNAL.      Ellen R. Peck, an Escondido sole practitioner and former State Bar Court judge, made these points in her recent California Bar Journal article: Except in limited circumstances, most private attorneys have to notify clients they […]

Settlements: Whether Conditional Or Unconditional In Nature, Discretion Is Abused By Not Restoring To Civil Active List When Terms Of Settlement—Including Fee-Shifting Features—Are Disputed

Cases: Settlement

  Fifth District So Decides In Unpublished Decision of Interest to All Litigators.       In a refrain used by us and other bloggers, we do stress there are some decisions that are must reading for certain practitioners. Well, the next one is—for all attorneys notifying the trial court about a conditional or unconditional settlement. It

Consumer Statutes: Court Of Appeal Reverses Refusal To Award Reasonable Attorney’s Fees To Plaintiff Under Settlement Arrangement With Car Manufacturer

Cases: Consumer Statutes, Cases: Settlement, Cases: Standard of Review

Fourth District, Division 3 Utilizes De Novo Review to Determine Plaintiff’s Entitlement to Fee Award.      The next case demonstrates how the standard of review can be appeal determinative. The appellate panel utilized the de novo standard, which led to the conclusion that the trial court erred in denying plaintiff entitlement to fees under car

Ethics And Settlement Involving Fee Waivers: No Ethical Ramifications From Recommending Fee Waiver Settlements

Cases: Ethics, Cases: Settlement

State Bar’s Standing Committee Issues Formal Opinion Confirming Propriety of these Settlements.      Formal Opinion No. 2009-176 of the State Bar’s Standing Committee on Professional Responsibility and Conduct has concluded that (a) a lawyer does not violate any ethical obligation by recommending or conveying a fee-waiver settlement offer in a given case, and (2) a

Settlement: Attorney’s Fees Awarded When Party Seeking Enforcement Of Settlement Agreement Did Not Expressly Obtain Retention Of Jurisdiction Prior To Lawsuit Dismissal

Cases: Section 1717, Cases: Settlement

First District, Division 3 Highlights Pitfalls of CCP Section 664.6 in the Retention of Jurisdiction Area.      Code of Civil Procedure section 664.6 concerns judicial enforcement of settlement agreements through an expeditious motion procedure. The last sentence of this provision states: “If requested by the parties, the court may retain jurisdiction over the parties to

Civil Rights: Rejected Informal Settlement Offers Can Be Used As An Indicator Of Success For Purposes of Calculating Attorney’s Fees Lodestar

Cases: Allocation, Cases: Civil Rights, Cases: Section 1717, Cases: Settlement

Third Circuit Court of Appeals So Holds Under 42 U.S. C. Section 1988; California State Court Decisions Split In Analogous Areas, But Ninth Circuit Disagrees.      On July 23, 2009, the Third Circuit Court of Appeals, in Lohman v. Duryea Borough, __ F.3d __, 2009 WL 2183056 (3d Cir. 2009), affirmed a district judge’s decision

Lemon Law: Reject An Early Settlement Offer In the Ballpark … And Suffer The Consequences!

Cases: Consumer Statutes, Cases: Settlement

Fourth District, Division 2 Reminds Fee-Shifting Plaintiffs To Not Eschew Early Compromise Proposals.      The next case reminds all of us that the system is geared for resolution—resolution being another word for settlement early on in the game, under the right circumstances, under the right case, and under reasonable efforts to resolve the matter. Miss

Sanctions: $1,857.50 Sanctions Against Insurer Vacated As Unauthorized Under Statute Or Court Rule

Cases: Sanctions, Cases: Settlement

  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

CCP Section 664.6: Reserve Jurisdiction Or Forfeit The Ability To Enforce Fee Settlements

Cases: Settlement

Fourth District, Division 3 Strictly Enforces Jurisdictional Retention Dictates.      Code of Civil Procedure section 664.6, we hope, becomes well known to litigators and other attorneys hoping to summarily enforce settlement agreements in pending California actions. Without going into all of its nuances (which include strict requirements that the parties themselves assent to the settlement

Settlement Stipulation Calling For Deed Of Trust Implicitly Bound Defaulting Party To Fees Clause Even Though Stipulation Had No Such Clause

Cases: Deeds of Trust, Cases: Settlement

Second District, Division Four So Holds in Interesting Settlement Stipulation Default Dispute.      In past posts, we have explored some cases that hold the absence of a fees clause in a settlement stipulation prevents a creditor from obtaining a fee recovery after the debtor defaults. See our October 29, 2008 post on Stansbury and Execute

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