Judgment Enforcement: Appellate Court Approves Stipulated Reversal of Fee Award Based On Subsequent Law

 

     The appellate court in Driscoll v. Granite Rock Co., Case No. H038272 (6th Dist. June 18, 2013) (unpublished) granted a stipulated reversal of a fee award judgment after the state supreme court’s decision in Kirby v. Immoos Fire Protection Services, 53 Cal.4th 1244 (2012) conclusively resolved the issues adversely to the fee claimant. Based on that, the reviewing court found the stipulated reversal would promote judicial economy, providing a clue to what litigants should do when intervening law dictates a different result on fee issues.

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