Split Opinion On This Issue. In Irvine Unified School Dist. v. K.G., No. 14-56457 (9th Cir. April 13, 2017) (published), the Ninth Circuit, in a split decision, decided that it was unlikely that a student in an Individuals with Disabilities Education Act (IDEA) case should be entitled to fees for litigation after high […]
Remanded For A “Re-Look” Of Fee Denial On Two Grounds. Ox as “ye oppressed tax-payer” pulling cart of municipal, county, poor, state, courthouse, road, school, and local taxes. George Yost Coffin, creator. 1880-1900. Library of Congress. Although involving a somewhat complicated probate partnership reassessment dispute where the public agency found the tax appeal
Basis For Order Was The Mandatory Victims Restitution Act. Although not a California case, USA v. Lagos, No. 16-20146 (5th Cir. Mar. 23, 2017 revised) (published) was interesting for purposes of illustrating that significant attorney’s fees and related costs can be awarded as part of restitution entered in criminal cases. Lagos involved a
Federal Circuit So Decides Despite Split In Authority. In Parrott v. Shulkin, Case No. 2016-1450 (Fed. Cir. Mar. 13, 2017) (precedential), the Federal Circuit dealt with what Consumer Price Index (CPI)—national or local—should govern an upward adjustment of the $125 per hour fee award cap under the Equal Access to Justice Act (EAJA),
Default Judgment Principles Did Not Apply To Fee Recovery. In Eftekhari v. Ford, Case No. B271555 (2d Dist., Div. 5 Mar. 14, 2017) (unpublished), plaintiff won $8,125 in attorney’s fees against defendant in a civil harassment proceeding based on a fee-shifting statute. On appeal, defendant argued the trial judge lacked authority to award
Lower Court Erred In Denying Fees/Costs Because PRA Requires Agency To Seek Clarification Of Unclear Request And No Bad Faith Required As PRA Predicate. In Camou v. Superior Court (City of Montclair), Case No. E066325 (4th Dist., Div. 2 Jan. 13, 2017) (unpublished), the Fourth District, Division 2 issued a Palma-based writ after
Oh, Brother! — Case Illustrates Equitable Principles Are Front And Center In Partition Disputes. Partition disputes are equitable, with a broad fee-shifting statute in the form of Code of Civil Procedure section 874.040 allowing a trial court broad discretion to equitably apportion fees and costs among the parties to the partition action.
However, Defense Was Entitled To Open Book Account Fees Under Civil Code Section 1717.5. c1880. Library of Congress. Defendants, the putative buyers of a restaurant business known as Bosco’s Bones & Brew in Sunol, CA, were sued by plaintiffs/putative sellers in Alevamare, Inc. v. Truong, Case A144337 (1st Dist., Div. 5 Oct.
CCP § 396b(b) Is The Venue “Sanctions” Statute, With Sanctions Properly Levied On Subsequent Attorney Other Than The One Originally Representing Client When Complaint Was Filed. June 29, 1910. L.M. Glackens, artist. Library of Congress. Code of Civil Procedure section 396b(b) does allow a trial judge discretion to award attorney’s fees against
Reviewing Court Interprets “Without Any Reasonable Cause” Language, Reversing Fee Denial To Wife As A Matter Of Law And Remanding For A Determination Of Amount Of Statutory Fees Awardable To Her. The First District, Division 1 was obviously troubled by the egregious facts at issue in Humboldt County Adult Protective Services v. Superior
