Slander of Title Work Needs to be Apportioned Out; No Fees For Appellate Work. Defendant in Johnson v. Grayson, Case No. G044975 (4th Dist., Div. 3 June 22, 2012) (unpublished) lost a quiet title case (also having a slander of title claim), but appealed a $330,000 adverse fee award grounded on the tort […]
Lack of Allocation Was Fatal for Brandt and RFA Issues. Insured prevailed in a suit against auto insurer for making repairs rather than declaring the car a total loss. However, insured was denied requested fees of $500,000 ($250,000 plus a 2 multiplier) even though claiming them under one of three theories: (1) California’s
Fee Denial By Trial Court Was Correct. In a long unpublished decision that is good reading for practitioners involved in a prescriptive easement dispute, a trial court ultimately concluded that the plaintiffs owned a fee simple interest in a 40-foot strip of land running along the eastern boundary of their property and that
Third District Provides Useful Reminder The Third District, in Dupre Ins. Services, Inc. v. Hall, Case No. C066073 (3d Dist. Jan. 5, 2012) (unpublished), reminds us that the “tort of another” theory of fee recovery cannot work where the party being charged under this theory is found to have been not negligent. There was
$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
