The parties entered into a settlement agreement containing a “clear sailing” provision, which allowed class counsel to seek an award of attorney fees and incentive payment from the trial court with the assurance that defendant would not oppose, if the amount sought was less than or equal to an agreed amount. An additional clause required class […]
Unexpected Consequences In Removing Employment Case To Federal Court.
Plaintiff brought a discrimination action against her employer under California’s Fair Employment and Housing Act [FEHA; Government Code section 12900]. Defendant removed the action to federal court on the basis of diversity of citizenship. A jury awarded plaintiff $27,280 for gender discrimination, and the court awarded $697,971.80 for attorney fees. The sole basis of the employer’s […]
Request To Enter Default Judgment Must Include Attorney Fees; They May Not Be Awarded On Motion Following Entry Of Judgment.
When seeking a default judgment, plaintiff indicated in his form declaration he was seeking damages and costs. After the court entered the default judgment, plaintiff filed a noticed motion seeking an award of attorney fees as authorized under the applicable statute. The trial court denied the motion and the Court of Appeal affirmed. A default judgment […]
Arbitration Is ” Trial On The Merits. ”
After plaintiffs lost their contract claim in judicial arbitration, and the arbitrator awarded attorney fees to defendants, plaintiffs, after first filing a demand for trial de novo, filed a voluntary dismissal of their action. Defendants moved for judgment on the attorney fee award and the trial court granted the motion. Plaintiffs appealed, contending that, before judgment […]
Award Of Private Attorney General Attorney Fees Reversed.
In the trial court in a matter concerning a homeowner’s request to build an addition, which had been denied in part by the Coastal Commission, the superior court issued a writ of mandate stating that the Coastal Commission’s findings with respect to a bluff edge were not supported by substantial evidence. Thereafter the trial court awarded […]
Public/Private Agreements & Attorney Fees.
Plaintiff is a health care district is a public agency established in 1948 pursuant to the Health and Safety Code. Defendants include one of the hospitals that was operated by the district prior to 1998 as well as a nonprofit corporation formed to operate the hospital for the district. In 2004, when defendant hospital faced closure […]
Insurance Company May Stop Paying For Cumis Counsel After Withdrawing Its Reservation Of Rights.
The trial court granted summary judgment to an insurance company after determining it did not breach its insurance contract with its insured by refusing to pay any attorney fees incurred by the insured’s Cumis Counsel [San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358, [208 Cal.Rptr. 494, (Cumis)], after the company […]
Attorney Fees And Costs Properly Awarded To Interpleader.
Wife is found dead in the street outside the home she shared with husband. Her death is investigated as a homicide. Husband, who is the sole beneficiary on wife’s life insurance policy, is a suspect. Life insurance company files an interpleader action and deposits the policy benefits plus interest with the trial court. Wife’s mother, who […]
Refusing To Step Aside And Seizing A Letter Of Credit A Landlord, Whose Lease With A Bank Was Disaffirmed By FDIC In A Bank Takeover, Has To Return Asset And Is Now On Hook For Attorney Fees.
In an imminent bank takeover, the Federal Deposit Insurance Corporation [FDIC] sold the assets of a failed bank to a takeover bank. Among the assets was a $500,000 letter of credit which had been demanded by the failed bank’s landlord to cover any future rents. As part of the takeover, the FDIC disaffirmed the failed bank’s […]
Fair Use Under Copyright Law Includes Green Day’s Unauthorized Use Of Artist’s Illustration In Concerts.
An artist and illustrator created Scream Icon, a drawing of a screaming, contorted face. A defendant is a photographer who photographed a brick wall on Sunset Blvd. covered with graffiti and posters, including a weathered and torn copy of Scream Icon. That defendant was later engaged to create the lighting, effects and video backdrops for a rock […]
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