We are pleased that our fellow blawger, Greg May, presiding at The California Blog of Appeal, has recognized our inestimable contribution of the Poof Principle to California attorney's fees jurisprudence in his January 28, 2009 post. The American Heritage Dictionary (online) defines "poof" thusly: "Used to indicate a sudden vanishing: The magician waved a wand, and poof! The birds disappeared!"
We are impressed by the number of times our appellate courts make attorney's fees awards vanish. We have coined the "poof principle" to describe this phenomenon. Examples follow.
6. In re Marriage of Gonzalez (Jan. 31, 2009 post): $20,000 fee award not satisfying Family Code section 2030 and 2032 went POOF!
5. WSS Industrial Constr., Inc. v. Great West Contractors, Inc. (Jan. 7, 2009 post): Subcontractor awarded $9,340.39 in costs and $165,601.25 in fees saw it all go POOF! when an unlicensed contractor issue became dispositive on appeal.
4. Kruse v. McLaughlin (Dec. 13, 2008 post): Award of $197,809.60 in fees and $24,754.27 in costs went POOF! when pretrial dismissal was reversed.
3. Safeco Ins. Co. of America v. Parks (Jan. 31, 2009 post): Award of $70,104.23 in costs and $426,208 in fees went POOF! when requests for admission cost-of-proof sanction was overturned on appeal.
2. North Pacifica LLC v. City of Pacifica (May 28, 2008 post): “Hefty” award of $453,810.75 in fees and $55,322.40 in costs to developer evaporated (i.e., POOF!) when Ninth Circuit reversed section 1983 judgment.
And, drum roll, if you please ….
1. Sanai v. Saltz (Jan. 27, 2009 post): $1,003,426.25 fees award to defense in credit reporting litigation went POOF! POOF! when full dismissal of complaint was reversed.