Construction Lender Gets Fees For Successfully Defending Bonded Stop Notice Claim. In North County Acoustics, Inc. v. Bank of America, N.A., Case No. D057720 (4th Dist., Div. 1 Oct. 27, 2011) (unpublished), subcontractor was hit with an adverse attorney’s fees award of $42,455.05 after losing a stop notice contest with a construction lender […]
Oakland Municipal Ordinance Did Justify Fee Award to Winners. This one is a case that could have fallen under our category “Homeowners Association,” although it involved adjoining neighbors who got into a fight over trees obstructing a view corridor to the San Francisco Bay (as contrasted to homeowners versus a homeowners association controversy
Appellate Court Found Lower Court Correct to View L.A. Attorneys As Within San Bernardino Venue and Necessary Given Earlier Misfortunes with Local Attorneys. Trealoff v. Forest River, Inc., Case No. E048818 (4th Dist., Div. 2 Oct. 6, 2011) (unpublished) was a case where an ex-employee won sizable jury verdicts, including punitive damages, for
Senate Bill 189 Amendments Made This Happen. Every practitioner involved with mechanic’s liens should hopefully know, by now (or by reading this blog), that there are many changes made to the mechanic’s lien law by Senate Bill 189, some taking effect this year and some on July 1, 2012. One of July
She Lost Elder Abuse Claim by Plaintiff and Did Not Prevail on Her Frivolous FEHA Sexual Harassment Cross-claim. Bad facts can result in large jury verdicts; they also tend to guide the dispositon of the trial judge when it comes to awarding attorney’s fees against the non-prevailing litigant. That is what happened in
Lower Court’s Discretionary Refusal Was Not Erroneous. Code of Civil Procedure section 527.6 does give a lower court discretionary authority to award attorney’s fees to a prevailing party in a harassment order proceeding. In Quiggle v. Franke, Case No. D057982 (4th Dist., Div. 1 Sept. 16, 2011) (unpublished), the lower court did
Only $6,000 At Issue, But Fee Award Overturned On Appeal. In Giradi & Keese v. City of Los Angeles, Case No. B229594 (2d Dist., Div. 5 Sept. 14, 2011) (unpublished), plaintiff’s counsel got hit with an adverse $6,000 fee award in favor of City of Los Angeles under Code of Civil Procedure section
Defense Alone Would Not Result in Fee Exposure, but Frivolous Counterclaim Did Open Up Exposure. Under the Petroleum Marketing Practices Act (PMPA), a franchisee can be subjected to an attorney’s fees award in favor of a franchisor if franchisee brought a frivolous PMPA action. (15 U.S.C. § 2805(d).) However, what happens if the
Court of Appeal Affirms Fee Denial Under Special Shifting Provision and Private Attorney General Statute. After winning a tax refund issue relating to California tax treatment of repatriated dividends paid by certain of its subsidiaries, Apple, Inc. moved to recover attorney’s fees of $683,492.73 from the State on two independent grounds. The trial
$1.5 Million Fee Exposure Was Nonexistent Such That Indemnity Rights Issue Did Not Impact Good Faith Settlement Analysis. In PacificCare of California v. Bright Medical Associates, Inc., Case No. G041507 (4th Dist., Div. 3 Sept. 2, 2011) (certified for publication), Acting Presiding Justice Aronson affirmed a good faith settlement determination after deciding on
