First District Reverses Summary Judgment in ADA Case; Fee Award Also Reversed Because Appellant Separately Appealed It. In posts for June 6 and 7, 2008, we reviewed several decisions that denied review of fee awards because the appealing party did not bring a separate appeal. Here, we happily review a decision […]
Fourth District, Division Two Splits Sharply On Fee Award Denial By Lower Court . Mr. Leviant, of The Complex Litigator, has done a very insightful synopsis of Laabs v. City of Victorville, Case No. E040778 (4th Dist., Div. 2 June 12, 2008) (certified for publication) on the subject of when “cost
Second District Finds That Settlement Stipulation Justified Fee Entitlement and Rejected Challenges to Substantiation of Claimed Fees. A plaintiff enters into a settlement stipulation with defendant, agreeing only to waive fees and costs upon full payment. Defendant does not pay. Plaintiff obtains an order enforcing the settlement agreement payment terms and
Second District Corrects Clerical Error and Affirms Substantial “Cost of Proof” Award Against Losing Attorney Malpractice Plaintiff. In our June 6, 2008 post, we reviewed the fee-shifting provision of Code of Civil Procedure section 2033.430(a). Briefly summarizing, that provision allows a trial court to award “costs of proof,” including reasonable attorney’s
Second District Finds that Plaintiff Individually Settling for $10,500—Even Though His Claim Was Only For $44.63—Entitled to Garner a $500 Fee Award. There are many sections of the California Labor Code that have mandatory fee award authority. As examples, Labor Code section 1194(a) provides that employees paid less than their legal overtime
Second District Awards Fees and Costs of $37,146 Against Attorney Admitting Neglect in Responding to Complaint. Can trial courts award substantial attorney’s fees against attorneys admitting neglect when they seek relief from default judgments on behalf of clients? You bet, said the Second District in a recent unpublished decision.
High Court Construes EAJA To Allow Award of Paralegal Expenses as “Fees” at “Prevailing Market Rates.” Petitioner Richlin prevailed against the Government on a claim before the Department of Transportation’s Board of Contract Appeals, and then filed an application for reimbursement, among other things, of paralegal fees pursuant to the Equal
Recent Article in California Lawyer Explores Potential Limitations on Fee Recovery for Suing Plaintiffs under CLRA. Greg Nylen, an opponent in a class action that Mike Hensley is prosecuting, has written a nifty article in the June 2008 California Lawyer, entitled “Handling Claims under the CLRA” (found at pages 43-46 of
Second District So Holds In Case of First Impression Statutory Interpretation of Welfare and Institutions Code section 15657. Welfare and Institutions Code section 15657 provides that a defendant proven liable for physical abuse or neglect under prior sections of the Elder Abuse Act, where the commission of the abuse was done
Second District Affirms Fee Award and Clarifies That Frivolousness Findings Do Not Have to be Prolix in Nature. If a plaintiff defeats an anti-SLAPP motion determined to be frivolous, the plaintiff must be awarded attorneys under the anti-SLAPP statute. (See Code Civ. Proc., § 425.16(c).) Frivolousness requires a finding that the anti-SLAPP
