A client has the right to abandon a suit without the lawyer’s consent. Therefore public policy voids a provision in a contingency fee contract that prohibits the client from settling the case without the consent of the lawyer. In Lemmer v. Charney (Cal. App. Second Dist., Div. 8; May 5, 2011) 195 Cal.App.4th 99, [125 Cal.Rptr.3d […]
Attorneys Cannot Recover Fees Representing Themselves In Breach Of Contract Action.
When their insurer initially refused to defend an action, the insureds, who are attorneys, defended the action in pro per. They subsequently sued the insurer for the value of the attorney services they provided. The trial court granted summary judgment to the insurer. The Court of Appeal affirmed. The insureds did not sustain damages because […]
Law Firm Sanctioned For Frivolous Appeal.
The appellate court stated: “Attorney Defendants have misrepresented the record and ignored established case law without explanation or justification.” In its disposition, the appellate court further stated: “As sanctions for a frivolous appeal, Attorney Defendants shall pay Kendall the amount of $52,727.56. Attorney Defendants also are assessed $8,500 sanctions for bringing this frivolous appeal, payable to […]
First Wife Joined Second Wife In Dissolution Proceeding.
A first wife alleged her former husband fraudulently transferred property to his second wife, so the first wife joined the second wife as a third party to the dissolution proceeding and moved for attorney fees under Family Code section 2030, subdivision (d), [“Any order requiring a party who is not the spouse of another party to […]
Business Competitor Alleging Injury Caused By Unfair Competition By An Internet Company With Whom There Had Been No Business Dealings May Pursue Unfair Competition Claim, Even Though A Consumer Could Not.
A law firm brought an unfair competition action [UCL; Business & Professions Code section 17200] against an online legal services provider based upon alleged unauthorized practice of law. The allegations include claims the internet provider undercut the competition by using unlicensed persons to perform legal work, thereby saving on attorney costs, and by employing unbonded and unregistered legal […]
Provision In Arbitration Agreement Contrary To Public Policy.
Plaintiff sued a nursing home alleging negligent care and treatment. Defendant petitioned to compel arbitration, pursuant to an arbitration agreement, which the trial court granted, after severing the attorney fee provision which stated the parties would bear their own attorney fees and costs. The trial judge explained that provision was contrary to the Elder Abuse Act […]
Sign This Arbitration Provision If You Want To Work Here.
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 did […]
Calculating Costs And Attorney’s Fees District Court Told To Do Its Math.
In a civil rights case, the district court vacated an award for attorney fees and reduced it from $3.2 million to $500,000, and reduced costs sought from $900,000 to $100,000 without explanation. The Ninth Circuit reversed, stating: “While it identified the correct rules, it provided no explanation for how it applied those rules in calculating the […]
Taxpayer Action Proves Under-Reporting Of Profits By Indian Tribes; Plaintiff Entitled To Fees.
A taxpayer action was brought against the California Gambling Control Commission and the California State Controller alleging they failed to discharge their mandatory duty to collect money derived from gambling owed to the state by various Indian tribes. It was determined the Indian casinos under-reported their net earnings by over $100,000,000, and that $12.8 million had […]
Attorney Fees Provision In Escrow Instructions Unconscionable.
Plaintiffs lost at summary judgment after bringing an action against a title company for overcharging for notary services performed through the title company’s escrow services company. The escrow instructions contained an attorney fee provision, and, under it, the trial court awarded the title company $266,801 for its attorney fees. The appellate court reversed the attorney fee […]
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