Trial Judge Got Allocation Of Policy Benefit-Oriented Fees Right. Saddleback Inn, LLC v. Certain Underwriters of Lloyd’s London, Case No. G051121 (4th Dist., Div. 3 Mar. 30, 2017) (unpublished) involved an insured which was awarded $2.8 million against an insurer based on a policy reformation as well as $50,000 in punitive […]
Fees Were Ordered Payable As Part of Underlying Debt. In Kent v. Celink, Case No. G052039 (4th Dist., Div. 3 Mar. 30, 2017) (unpublished), a reverse mortgage dispute, co-trustees sued the lender and affiliates, with the property eventually sold and the loan paid off. Two prevailing lender affiliates were granted attorney’s fees to
Alter Ego Allegations Likely Drove The Result Here. In Dominski v. Lazar, Case No. B268187 (2d Dist., Div. 5 Mar. 29, 2017) (unpublished), which involved a custom home construction dispute, homeowners did prevail against the construction company but did not prevail against the construction company principal despite alter ego allegations which did not
Only $1,500 Awarded Due To Lack Of Detail. I think we can say with confidence that Achterkirchen v. Montiel, Case No. A147386 (1st Dist., Div. 2 Mar. 28, 2017) (unpublished) demonstrates what a fee claimant should not do as far as submitting substantiation for a fee petition. There, the requesting party sought an
Bad Litigation Tactics Alone Will Not Support 2030/2032 Award. Although the $5,000 fee award to husband may seem paltry based on the needs-based anchors of Family Code section 2030/2032, it was reversed in Marriage of Overstreet, Case No. B271522 (2d Dist., Div. 1 Mar. 28, 2017) (unpublished). The reason is that the family
Did Not Matter That Plaintiff Nixed Earlier Settlement Offer. In Ruiz v. U.S. Security Associates, Inc., Case No. B275201 (2d Dist., Div. 1 Mar. 28, 2017) (unpublished), a FEHA plaintiff accepted a CCP § 998 offer, reserving fee recovery to the trial judge. Plaintiff obtained a $ 481,100 fee recovery even though requesting
However, No Basis To Award Fee Recovery Against Litigants Personally, Versus Against Their Trustee Shares. On January 19, 2017, we posted on Pizarro v. Reynoso, Case No. C077594 (3d Dist. Mar. 28, 2017) (published), where a trustee was found reliable and won some attorney’s fees in probate battles against other family members. This
4/3 DCA Weighs In—Going With Ziello On The Issue, But Inviting Legislative Reform. Quiles v. Parent, Case No. G054353 (4th Dist., Div. 3 Mar. 27, 2017) (published), a by-the-court decision through a panel consisting of Presiding Justice O'Leary, Justice Fybel, and Justice Ikola, considered this question: Does a litigant need to bond
HOA Disputes Can Be Costly, Especially With Fee Shifting! Aspen trees. 2015. Carol M. Highsmith, photographer. Library of Congress. We have explained that HOA – homeowner disputes can be costly. Especially where one party prevails, in this case the homeowner. In Lingenbrink v. Del Rayo Estates Homeowners Assn., Case No. D070966 (4th Dist., Div.
Deferential Standard Of Review Not Hurdled In This One. In Zauner v. Defterios, Case No. B271922 (2d Dist., Div. 6 Mar. 21, 2017) (unpublished), appellant sought needs-based fees in a child custody modification proceeding. She requested $77,067.50 in fees and $17,459.77 in costs, but was only awarded $10,000 in fees and $5,000 in costs.
