Defendant induced plaintiff to loan him $202,500 based on a false pretense. Plaintiff brought an action seeking attorney fees and treble damages. Penal Code section 496, subdivision (a), makes receiving, buying, or withholding property “that has been obtained in any manner constituting theft” an act punishable by imprisonment. Subdivision (c) reads: “Any person who has been […]
Frivolous Claim Under False Claim Act Entitles Employee To Attorney Fees.
Kern county sued an employee under the False Claim Act (Government Code section12650 ff.) after the employee sought reimbursement for classes taken. The court found that the action under the False Claims Act was frivolous and was filed in retaliation for a federal suit against the county filed by the employee. The court awarded attorney fees […]
Lawyer Equitably Estopped From Claiming No Referral Fee Due.
A referring plaintiff’s firm referred a potential class action case to a lawyer who specializes in class actions. The specialty lawyer promised to pay the referring firm one-third of any legal fees recovered. The client consented in writing to the referral fee. The specialty lawyer selected a different class representative than the one referred by […]
Disability Access Action Expensive For Wheelchair-Bound Plaintiff.
Plaintiff uses a wheelchair and brought an action against a small grocery store “for denying him and other similarly situated disabled persons access to the full and equal enjoyment of the goods and services offered” because a four-inch step at the entry to the market was a barrier. The grocer was granted summary judgment after […]
Private Attorney General Fees May Be Recovered When Incurred In An Administrative Proceeding.
If certain specified conditions are met, Code of Civil Procedure section 1021.5 provides for an award of attorney fees “in an action which has resulted in the enforcement of an important right affecting the public interest.” In Edna Valley Watch v. County of San Luis Obispo (Cal. App. Second Dist., Div. 6; August 2, 2011) […]
Attorney Fees May Be Properly Awarded Under CRC § 2.30.
A party failed to inform the court the case was automatically stayed due to a filing for bankruptcy. The trial court declared a mistrial, dismissed the jury, conducted a sanctions hearing and awarded $81,461.13 in sanctions. The appellate court affirmed in part and reversed in part, stating: “We conclude that [California Rules of Court, rule] […]
Defendant Entitled To Fees In Defeating Breach Of Contract Claim, Despite Losing Claim For Promissory Estoppel.
The contract provided the prevailing party in any dispute between the parties shall recover attorney fees. A defendant successfully defeated a claim for breach of contract but lost on a claim of promissory estoppel, and the trial court denied his request for fees. The appellate court reversed, stating: “We hold such a defendant is entitled […]
Disgruntled Clients Settle And Then Sue Their Lawyer.
Clients settled eminent domain action with County for almost $2.6 million, and later brought suit against their own lawyer for attorney malpractice and breach of fiduciary duty, claiming the lawyer failed to work up their case and properly prepare the experts. Their lawyer cross-complained for his legal fees in quantum meruit. The trial court awarded […]
County Must Disclose Billing Records Relating To Attorney Fees Charged For Defending County.
A lawyer requested documents under the California Public Records Act [CPRA, Government Code §6250 et seq.], and the County argued the records were not subject to disclosure because they were attorney-client communications, they were attorney-work product and they were exempt under the CPRA’s pending litigation exemption [§6254(b)]. After ordering the County to redact certain portions […]
Neighbor Pays For “Hack Job” To Tree.
Another case involving a neighbor cutting down portions of a tree. The trial court awarded damages of $22,530, which it doubled under Civil Code § 3346 to total $45,060. Under Civil Code § 1029.8, the court awarded an addition $50,148 for attorney fees because the tree trimmer was unlicensed. Calling the tree cutting a “hack job,” the […]
- « Previous Page
- 1
- …
- 6
- 7
- 8
- 9
- 10
- Next Page »