Continuing Legal Education: November 2014 Edition of California Litigation Has Article Entitled “California Attorney Fee Orders: When to Appeal, Defend or Settle”

 

 

Audra Ibarra Is the Author.

 

     In the November 2014 edition of California Litigation (the journal of the Litigation Section, State Bar of California), sole practitioner Audra Ibarra has written an article, “California Attorney Fee Orders: When to Appeal, Defend or Settle.” Here are the highlights from this article after she observes that one has an 18% chance of reversal based on Judicial Council 2013 court statistics:

     1. A jurisdictional concern is a classic ground for de novo review and reversal.

(Center for Biological Diversity v. County of San Bernardino, 188 Cal.App.4^th 603, 608, 611 (2010) [supplemental fee fixing order].)

     2. A prevailing party’s entitlement to fees on undisputed facts is usually reviewed de novo. (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, 147 Cal.App.4^th 424, 427-428 (2007).)

     3. Interpretation of the statutory criteria for fee entitlement (example: private attorney general area) is a de novo review exercise. (Conservatorship of Whitley, 50 Cal.4^th 1206, 1213 (2010) [one of our Leading Cases].)

     4. Whether a published decision may justify attorney’s fees under the private attorney general statute is subject to de novo review. (Wilson v. San Luis Obispo County Democratic Central Comm., 192 Cal.App.4^th 918, 924 (2011).)

     5. How a contractual fees clause affects a third party is frequently scrutinized under a de novo standard. (Whiteside v. Tenet Healthcare Corp., 101 Cal.App.4^th 693, 707 (2002).)

     6. Whether a third party (such as an attorney) has sufficient interest or standing in a fee award to support intervention is subject to de novo review. (Lindelli v. Town of San Anselmo, 139 Cal.App.4^th 1499, 1502, 1505 (2006).)

     BLOG UNDERVIEW—Ben Shatz, an appellate specialist practicing with Manatt, Phelps & Phillips, LLP in Los Angeles, is now editor of California Litigation.

     Co-contributor Marc, in the November 2014 edition, has penned a letter to the editor on “plagiarism punch-out.”