Also, Block Billed Fee Billings Needed To Be Looked At Again. A family law judge’s denial of a fee request to ex-husband was remanded in Marriage of Nunez and Minor, Case No. G051412 (4th Dist., Div. 3 May 27, 2016) (unpublished). The reason was that the lower court failed to consider the needs-based […]
Neither Section 1717 Nor CCP § 1021 Permitted Fee Recovery. In Ruballos v. Ruballos, Case No. B268343 (2d Dist., Div. 8 May 26, 2016) (unpublished), a lease non-signatory prevailed in a nasty lease dispute, based on a fraud-based controversy. The lower court awarded $16,880 in attorney’s fees based on a contractual fees clause.
Costs Only Was The Subject Of The Opinion. In Sheen v. Sheen, Case No. B263952 (2d Dist., Div. 8 May 26, 2016) (unpublished), the 2/8 DCA decided that claimed fees and costs incurred on an appeal could not be sought from persons who were not liable for such costs. Specifically, attorneys were charged
$164,374.50 In Fee Recovery Sustained On Appeal. 1884. Library of Congress. In California Hand Center, Inc. v. Katzen, Case Nos. B259520/B261646 (2d Dist., div. 1 May 26, 2016) (unpublished), a court-appointed awarded plaintiff $227,319.46 in damages (on appeal, reduced to $177,319.46) under a contract with a fees clause. The referee also awarded
Some Commentators Suggest This Is Death Knell Of TCPA Class Actions. In the last few years, “junk fax” class actions apparently have proliferated under the Telephone Consumer Protection Act (TCPA). This proliferation has irked the Illinois Court of Appeal, First Judicial District, prompting some reasoning which class action lawyers likely will deplore in
Dealt With MFAA Arbitrator Disclosure Issues, Mainly. On May 20, 2016, we posted on the unpublished decision of Baxter v. Bock, a mandatory fee arbitration case which decided that an arbitrator auditing fee bills did not have to disclose this work in the arbitration given that he represented both plaintiffs and defendants in
However, Lower Court’s Across-the-Board Reduction Based On Number Of Jointly Represented Parties Had To Be Remanded To Determine Costs Justly Due To Prevailing Party For Routine Costs Purposes. Charton v. Harkey, Case No. G050514 (4th Dist., Div. 3 May 24, 2016) (published), a 3-0 decision authored by Justice Aronson, arose from the fallout
4/1 DCA Follows Tourgeman Decision Rather Than Coltrain On The Issue. Egley v. Sparks, Case No. D067648 (4th Dist., Div. 1 May 19, 2016) (unpublished) reversed a lower court’s grant of $17,000.50 in mandatory fees to a winning defendant in a case after plaintiff voluntarily dismissed but before the defense SLAPP motion could
Laughing Matter? – Fee Award Remanded For Further Factual Determinations Regarding Frivolousness. In CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (U.S. Supreme Court May 19, 2016), SCOTUS was reviewing a fee award in favor of a defendant and against the EEOC in an amount of over $4 million after a district judge
Arbitrator Auditing Attorney’s Bills Did Not Have To Disclose Work Where Audits Did Not Favor Plaintiffs Or Defendants From Overall Practice Skill Set. In Baxter v. Bock, Case Nos. A142372 et al. (1st Dist., Div. 1 May 18, 2016) (unpublished), former attorney and ex-client engaged in a mandatory fee arbitration under the Mandatory
