The trial court denied a request for attorney fees incurred in enforcing a judgment for fees awarded for the successful defense of a SLAPP suit [Strategic Litigation Against Public Participation; Code of Civil Procedure section 425.16]. On appeal, the losing party argued she was entitled to a fee award pursuant to Code of Civil Procedure […]
Attorney Disqualification.
In a writ proceeding, one party petitioned for extraordinary relief after the trial court denied its motion to disqualify the law firm representing the other side. The law firm previously represented another law firm in an attorney fee dispute, and in the present case, represents an expert seeking consulting fees arising out of the same […]
Attorney Fees Awarded To Injured Plaintiff.
Plaintiff, an occupant of a mobile home, fell while walking across the common area of the mobile home park. A jury awarded plaintiff $311,899.67 to compensate him for his injuries. Following trial, plaintiff moved for an award of attorney fees under his lease agreement with the mobile home park, and the trial court denied his […]
Pyrrhic Victory Against Nursing Facility.
In a wrongful death action against a skilled nursing facility, the jury found for the facility with regard to the health care issues. But the jury found for the daughter of the deceased on a health care records issues. It found the facility did not provide 1) “complete and accurate health records” and 2) “meaningful […]
Attorney Fees: Is A Bird In The Hand Worth Two In The Bush?
Creditor spent years trying to collect a judgment from a guarantor/debtor. Around the time the creditor started to see a light at the end of the tunnel, the debtor’s lawyer walked into the office of the creditor’s lawyer late on a Friday afternoon with a cashier’s check for almost $13 million, covering the entire judgment […]
Nominal Damages Did Not Support Award Of Attorney Fees In Real Property Dispute.
This case involves a vineyard versus winery boundary dispute. After a bench trial, the court ruled in favor of the vineyard, quieted title, granted injunctive relief, awarded $1 in damages for past trespass and awarded the vineyard $117,000 in attorney fees under CCP § 1021.9, which provides: “In any action to recover damages to personal […]
Law Partner Added As A Judgment Debtor After Multi-Million-Dollar Verdict Against Firm.
After practicing law together for 14 years, two lawyers parted. One of the lawyers sued the other as well as their former firm. The issue, of course, was money. The trial court granted a directed verdict in favor of the individual lawyer defendant. A jury returned a multi-million-dollar verdict. Thereafter, the plaintiff filed a motion to […]
Clear Sailing Attorneys’ Fees Provision In Class Action Settlement Upheld.
After the trial court approved a class action settlement, overruling the objections of a member of the class, the class member appealed. The class member argued the notice to the class members denied them due process because the nature and timing of the settlement approval procedure set forth in the notice was unfair, and because […]
“I Think I’ll Sue My Client For Fees.”
A lawyer sued his former client for unpaid fees and costs. After traveling through the trial court, up to the Court of Appeal, back to the trial court, into arbitration and then once again back to the trial court, the trial court, agreeing with the arbitrator, concluded the client had fully paid what he owed. […]
Necessity Of Private Enforcement Is A Required Element When Seeking Private Attorney General Fees.
Code of Civil Procedure section 1021.5, provides courts with the statutory authority to award attorney fees under a private attorney general theory to litigants who successfully pursue public interest litigation vindicating important constitutional rights. In this case, a plaintiff who received a large compensatory damage award for bad dental treatment made a postjudgment motion for […]
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