CCP § 527.6(i) Allowed It. In Sabol v. Green, Case No. B225059 (2d Dist., Div. 6 November 28, 2011) (unpublished), one partner in a boat dealership appealed an anti-harassment injunction entered in favor of another partner and that partner’s wife. The trial court also awarded the winning parties no fees but $6,500 in […]
2d Dist., Division 6 So Holds In Two Unpublished Opinions, Besides Facing Other Issues. Weiss v. Cope, Case No. B24970 (2d Dist., Div. 6 Nov. 22, 2010) (unpublished) In this one, plaintiff rejected defendant’s 998 offer. However, plaintiff’s total judgment–the sum of the jury award and $100,000 in attorney’s fees awarded by the
Prompt Payment Statute Did Not Mean Fees Went to Plaintiff Winning Some Money. In Angotti & Reilly v. Alexander Group, Case Nos. A127917/A128743 (1st Dist., Div. 2 Nov. 21, 2011) (unpublished), plaintiff sued for unpaid contractor fees under a construction contract with a fees clause, and defendant/cross-complainant countersued for defective work. Plaintiff obtained
Ninth Circuit So Rules In Case of Statutory Construction. Under the Federal Employee Compensation Act (FECA), disability benefits are provided to federal employees who are injured on the job, subject to an employee bringing a civil case against a responsible third party and refunding to the U.S. any FECA benefits received by the
$4,905.40 Fee Award Goes POOF!, However District Is Free to Try Again. School district won a demurrer against an employee applicant suing for gender discrimination. It then was awarded fees of $4,905.40 under Code of Civil Procedure section section 1038. The fee award got reversed in McCallum v. Escondido Union High School
Trope “Of Counsel” Reasoning Now Available for Citation. In our October 28, 2011 post, we discussed Dzwonkowski v. Spinella, Case No. G044336, which was first issued as an unpublished decision. It had a discussion of the Trope issue in an “of counsel” context. We can now report that the Trope discussion in the
This Includes Attorney’s Fees; $35,366.40 Award to Bureau of Automotive Repair Affirmed. Here is a little known fee-shifting statute available to boards and bureaus within California’s department of consumer affairs. Business and Professions Code section 125.3(a) allows such an entity bringing a license or probation revocation proceeding to recover discretionary reasonable costs of
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
