A lawyer filed a class action lawsuit against Toshiba on behalf of a class of purchasers of laptops which had an electrostatic discharge problem. The trial court awarded $165,000 in sanctions against the lawyer and awarded her no attorney fees, even though she requested $24 million. The appellate court described in detail “the arduous procedural […]
Problem Tenant.
A landlord leased property to a private school. At a certain point, the landlord listed the premises for sale with a real estate broker, and decided to have a building inspector “find out all the things that may or may not be wrong.” The lease provided for the landlord to inspect “at reasonable times after reasonable […]
U.S. Not “Substantially Justified” In Denying Social Security Claim, So Plaintiff Awarded Fees And Costs.
In an action for Social Security disability benefits, the government prevailed at the administrative and trial court levels, but the claimant prevailed before the Ninth Circuit. The claimant then requested attorney fees and costs from the district court, but the court denied them after finding the government’s position was substantially justified in that it prevailed in […]
Fees For Prevailing In Petition To Compel Arbitration In Dispute Between Lawyers And Client Must Wait To See Who Prevails In The Arbitration.
Plaintiffs brought an action against their former lawyers after the lawyers “settled several prior lawsuits brought on their behalf and did not allocate a sufficient amount of the settlement funds to the costs of suit, making plaintiffs liable to the former attorneys for costs that were actually recovered as part of the settlements.” The lawyers petitioned […]
Broad Language In Contractual Attorney Fee Provision.
Plaintiff prevailed under her negligence cause of action, but did not recover under her cause of action for breach of contract containing an attorney fee provision. That provision states: “All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration […]
Think Theories Through Before Filing Complaint!
Plaintiff, an attorney, represented a client, also an attorney, in a prior civil suit against the client’s employer for discrimination, harassment, retaliation, wrongful termination, and other related claims. By motion, plaintiff withdrew from the case at the beginning of trial. The client could not find another attorney to represent her, and the trial court dismissed the […]
Total Amounts Of Medical Bills Not Relevant.
Two plaintiffs were passengers in a taxi cab when another vehicle collided with the cab and they were injured. The defendant, the driver of the other car, was convicted of fleeing the scene of an injury accident, and was sent to prison for three years. A jury found the passengers suffered $1.8 and $1.4 million in […]
Lawyer’s Letter Viewed As A Threat.
Plaintiff brought an action against defendant, a lawyer, after defendant sent him a letter: “As you are aware, I have been retained to represent Media Print & Copy . We are in the process of uncovering the substantial fraud, conversion and breaches of contract that your client has committed on my client. . . . To […]
Order To Tax Costs On Appeal After A Remand Is Immediately Appealable.
On appeal, the Court of Appeal remanded the case to reduce damages and awarded appellant costs on appeal, including attorney fees. Appellant filed a cost bill in the trial court and the trial court only partially granted a motion to tax cost. That motion was immediately appealable as a post-judgment order and time to appeal did […]
Attorney Fees Are Included In “Costs” In Section 998 Settlement Offer.
After accepting a settlement offer under California Code of Civil Procedure section 998, in a specified amount and providing “that each side bear their own costs,” plaintiff moved for statutory attorney fees. Defendant opposed contending that the term “costs” included statutory attorney fees. The trial court agreed with defendant and denied the motion. The Court of Appeal affirmed. Under […]
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