Three individuals left plaintiff’s company and joined defendant’s company. Plaintiff brought a trade secret misappropriation claim against defendant. Defendant filed a motion for summary judgment containing evidence the purported trade secret was actually an off-the-shelf computer program. Plaintiff asked for several continuances to conduct discovery, but never opposed the motion and filed a dismissal instead. […]
Can’t Cut Attorney Out Of His Fees.
Client/defendant and lawyer entered into a written fee agreement which deferred payment of fees until the court ordered them, which the court did after plaintiff lost. Plaintiff appealed, but settled with the defendant while the appeal was pending, a settlement which did not include payment of the fees. The lawyer sued for his fees. The […]
Condominium Owner Must Pay Association’s Attorneys’ Fees.
Condo owner sued association for violation of CC&R’s, but dismissed most of the causes of action on the Friday prior to the trial date the following Monday. On Monday, the plaintiff successfully moved to continue the trial for the few remaining counts. A few weeks later, citing Civil Code §1354 (c), the association requested $252,767 […]
Client Has To Pay Lawyer Twice.
Client hired lawyer to represent him in a probate matter but disputed the fees charged by his lawyer, and demanded a mandatory fee arbitration. So the lawyer hired his own lawyer to represent him in the fee arbitration. The arbitrator found in favor of the lawyer and ordered the client to pay $33,000 in unpaid […]
Right To Arbitrate Deemed Waived For Nonpayment Of Fees.
Plaintiff brought suit for securities fraud. One of the defendants moved to compel arbitration pursuant to a term in the private placement memorandum. The court granted the petition, but only two of the six defendants paid the arbitrators’ fees. The panel of arbitrators from the American Arbitration Association terminated the matter for nonpayment of fees. […]
Attorneys Fail In Argument They Played Only A Passive Role.
Plaintiff, who was the defendant in an underlying action, brought a malicious prosecution action. The trial court dismissed the malicious prosecution action against some of the attorney defendants pursuant to an anti-SLAPP motion to strike [CCP §425.16] and granted attorney fees to them, after they argued they played only a passive role in the underlying […]
If You Want To Work Here, Sign This.
Carpet installers were told to sign a form contract when they were hired and again during their employment. The contract included an arbitration provision among its 37 paragraphs, a six-month statute of limitations and a unilateral attorney fee provision which worked to the detriment to the employees. The forms were in English and the employees […]
Serves ’em Right! Lawyers To Pay Sanctions For Frivolous Appeal.
Plaintiff provided court reporting services to clients of defendants in prior lawsuits. Defendants claimed the charges were too high. When the court reporting service sued the lawyers for breach of contract, the lawyers brought a special motion to strike under the anti-SLAPP statute [Civ.Proc. §425.16], which the trial court denied. The appellate court was not […]
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