Appeals Lawyer Blog Now Includes Monthly Musings Feature Certified Appellate Specialist John Derrick has added a “Monthly Musings” feature to his blog. His first monthly musing is entitled, “Why do lawyers use ‘Esquire?’“. Our article for California Litigation, “When the American Rule Doesn’t Apply: Attorney’s Fees as Damages in California Litigation”, was edited by […]
Arbitrator Enhances Plaintiff’s Lodestar by 3.0 Multiplier. We give thanks to Cal Biz Lit, who in his June 16, 2009 post described a “prove-up” arbitration award of $4.1 billion stemming from a very unusual lost commission dispute. He notes that the award was confirmed as a judgment by the Los Angeles County Superior Court
Register Claims Plaintiffs’ Attorneys Are Seeking About $10 Million More Than They Agreed to Claim. In our December 1, 2008 post, we summarized a settlement reached between a plaintiff class and The Orange County Register in an Orange County Superior Court complex case pending before Superior Court Judge David C. Velasquez. The case primarily
Minnesota Intermediate Appellate Court Orders $95,000 Paid to Well Known Saturday Night Live Cameo Performer. Al Franken, a well-known guest performer on Saturday Night Live, ran for a U.S. Senate post against Norm Coleman. A Minnesota appellate court found that Mr. Franken had received 312 more votes than Mr. Coleman in last November’s election,
Redwood City Assessed About $260,000 Under Private Attorney General Statute. Redwood City lost a CEQA challenge by local attorney Joe Carcione (son of Joe Carcione, the Green Grocer) who sued arguing that the EIR was inadequate for the “Downtown Precise Plan,” a plan with a vision for up to 2,500 new high-rise housing units
Fee Hearing Is Set for June 26, 2009. In October 2008, the Alhambra Police Officers Association brought suit to obtain a temporary restraining order to prevent officers from having to attend an October 18 “block party” for Councilman Gary Yamauchi (who was re-elected a month later in November). The Association did obtain a restraining
Indigency Protections Go Way Back. Yesterday, we did a post on Garcia v. Santana, an interesting Second District decision that held that financial condition was a factor to consider when awarding fees under Civil Code section 1354(c), a fee-shifting statute under the Davis-Stirling Act. Here is some trivia for you history buffs out
Orange County Superior Court Judge Colaw So Rules. In our May 4, 2009 post, we discussed a fee battle brewing in Orange County Superior Court after St. James Church’s SLAPP motion eventually lost in a case against the Episcopal Diocese of Los Angeles. That battle has now taken place so that we can
His Attorneys Are Seeking a $1 Million Lodestar Plus a Multiplier. According to a May 14, 2009 article by Joseph Serna in the Daily Pilot, civil attorneys representing Newport Beach police Sgt. Neil Harvey, who obtained a favorable civil rights award of $1.2 million from a jury earlier this year, will be moving for
Rules of the Road For Creating Alternative Fee Arrangements Versus Pure Hourly Rates. Peter D. Zeughauser (formerly with The Irvine Company) is now a consultant who frequently writes about client-attorney fee arrangements. In his article “Alternative Reality” (pp. 75-76), he offers these “rules of the road” for creating an intelligent alternative fee structure: Understand
