Reason Was That D.A. Conceded Petition Was Not Frivolous At The Time Costs Incurred By D.A. Admissions or concessions in court papers get great weight, no less so on appeal. In Harrison v. San Diego County, The District Attorney, Case No. D068603 (4th Dist., Div. 1 Mar. 18, 2016 unpublished), petitioner requested […]
Rejected Settlement Did Not Justify Post-Settlement Fees, Hourly Rate Reduction Justified, and Prior Consultant Determination Prevented Paralegal Fee Award. Under the Individuals with Disabilities in Education Act (“IDEA”), attorney’s fees are awardable to prevailing plaintiffs, generally the parents of a child with a disability, in the discretion of the district court. But there
Statute Did Not Talk About Fees. Civil Code section 3334, subdivision (a) provides, in part: “The detriment caused by the wrongful occupation of real property . . . is deemed to include the value of the use of the property for the time of that wrongful occupation . . . and the costs,
Here, Prevailing Party Sought CCP § 128.5 Sanctions, Such That Fee Request Proper In Responding Papers—No Notice Of Motion Under Other Provisions Required. Meraz v. Coleman, Case No. B262725 (2d Dist., Div. 8 Mar. 3, 2016) (unpublished) illustrates that some successful fee awards may well depend upon the manner in which the fee
L.A. County Attorney Payment Statistics Are Out For 2014-2015. For 2014-2015, Los Angeles County paid $59 million for attorney’s fees and costs to both in-house and outside counsel, a 7% increase from the prior year. For matters going to trial, the County won 64% of the time, although many cases were settled. The
Prompt Payment Dispute Led To Reversal Of Fortune Against Formerly Prevailing Contractor. On December 5, 2015, we posted on United Riggers & Erectors, Inc. v. Coast Iron & Steel, a Second District, Division 1 decision which was issued November 23, 2015 as an unpublished opinion. It reversed a prompt payment retention win by
$260,608 Fee Award Affirmed Despite Narrow Earlier Loss On Writ Petition. California’s Public Record Act (CPRA), Government Code section 6259(c), has a fee shifting provision mandating attorney’s fees to be awarded to a prevailing party plaintiff in a CPRA case. (Fees can be awarded against plaintiff and in favor of the public agency
We Predicted This Result In Our February 19, 2014 Post On The Issue. Way back in February 19, 2014, we did a post on small claims fee recovery, predicting that the $150 cap for fee recovery for a small claims fee litigant winning after a superior court de novo hearing would “trump” a
Failure To Oppose Fee Request Sealed The Deal. In Wofford v. Hollicks, Case No. B254518 (2d Dist., Div. 8 Aug. 20, 2015) (unpublished), an in pro per plaintiff brought a civil rights action based on a car impounding against the LAPD. He lost a summary judgment motion and did not oppose a request for
Award Of $101,154 Out Of Requested $337,180 In Fees Affirmed On Appeal. Plaintiff prevailed on both breach of lease and fraudulent transfer claims against the defense, with the lease having a fees clause allowing for recovery of fees geared to “enforce” the contract. When it came time to move for attorney’s fees, plaintiff
