Plaintiffs’ Claims of Duplicative Efforts, Excessive Hourly Rates, And Inefficiencies Were Not Supported By The Record. In Truong v. Philhower, Case Nos. GO55054 et al. (4th Dist., Div. 3 June 26, 2020) (unpublished), two plaintiffs asserted separately up to ten claims against each of three defendants for malicious prosecution. These nearly sixty claims […]
Plaintiff Now Facing A Third Round Of Fees From Second Unsuccessful Appeal. After settling a case brought against his company by a former employee, plaintiff in Uziel v. Employment Lawyers Group, Case No. B299226 (2d Dist., Div. 4 June 26, 2020) (unpublished), filed a lawsuit claiming misconduct against defendant law firm that had
Gilbert v. Master Washer Opinion Is Still Good Law On This Issue. In Opperwall v. Stone, Case No. A156200 (1st Dist., Div. 5 June 24, 2020) (unpublished), a plaintiff sued an insurer’s counsel for various contractual and tort counts, specifically suing two partners individually of a small law firm. They filed a SLAPP motion
Real Party Has Another Crack At A $86,000 Fee Request Under Private Attorney General And SLAPP Statutes. On May 21, 2020, we posted on Sandlin v. McLaughlin, Case Nos. G057264 et seq. (4th Dist., Dist. 3 May 19, 2020 unpublished; certified for publication on June 17, 2020). There, the 4/3 DCA reversed and remanded
Reasonableness Of Fees Request Will Be The Big Issue. In Herring Networks, Inc. v. Rachel Maddow, et al., Case No. 3:19-cv-01713-BAS-AHG (S.D. Cal.), defendants won a SLAPP motion in a defamation case based on certain comments being protected opinions. Now, the defense—guided by Los Angeles-based Gibson Dunn— is seeking mandatory attorney’s fees of $323,965
4/2 DCA Opinion Counsels That A Plaintiff In This Situation To Ask For Attorney’s Fees In The Opposition To The SLAPP Motion. For readers of our blog, you probably know by now that a plaintiff defeating a frivolous SLAPP motion can be awarded reasonable attorney’s fees if the frivolity standards of CCP §128.5 are
Defense Request Of $448,745 Was Rejected By Lower Court, Which Defense Did Not Object To On Appeal. Just to tell ya, Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism, Case Nos. G056117/G056511 (4th Dist., Div. 3 May 19, 2020 (unpublished) is a long-standing battle with many appeals. Defendants won a SLAPP
Fifth District Did Not Have To Decide If Indigency Of Plaintiff, An Argument Not Raised Before The Trial Judge, Could Justify A Fee Reduction Under SLAPP Fee Statute. The plaintiff/appellant in Cruz v. Abdelaziz, Case No. F077506 (5th Dist. May 6, 2020) (unpublished) got SLAPPed and then failed to file an opposition to a
Appellate Court Also Sanctioned Appellant’s Attorney For Relying On Unpublished DCA Opinions. Westreich v. Higa, Case No. B293726 (2d Dist., Div. 5 May 5, 2020) (unpublished) has two big warnings for attorneys arguing before California appellate courts: make sure you have a reporter’s transcript in the appellate record when you are challenging the amount
Trial Judge Showed Discretion By Reducing Down The Fee Request Of $5,265 Based On The Hours Requested. In Olson v. Sardi, Case No. E071991 (4th Dist., Div. 2 Apr. 30, 2020) (unpublished), defendant successfully won a SLAPP motion based on a negative review of plaintiff for counseling services to his son, with the review
