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 […]
Chapter 13 Filing Does Not Preclude Appeal.
Following confirmation of an arbitration award, the trial court awarded defendants $19,826 in costs and later $158,471.25 in attorney’s fees. Plaintiff filed a chapter 13 bankruptcy petition which listed the trial court’s cost award, but not the attorney fee award. Defendants filed their proof of claim in the bankruptcy court, listing both the costs and the […]
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 […]
National Childhood Vaccine Injury Act.
The National Childhood Vaccine Injury Act (42 U.S.C. §300aa-22(b)(1)) provides that vaccine manufacturers shall not be liable in a civil action for injury or death associated with the administration of the vaccine. In Bruesewitz v. Wyeth, LLC (U.S. Sup. Ct.; February 22, 2011) 131 S.Ct. 1068, [179 L.Ed.2d 1], the parents of a child allegedly disabled […]
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 […]
Big Win On Damages Now Big Loss.
79-year-old resident of a nursing home fell nine times in five weeks, usually while getting out of bed to go to the bathroom. The last time, he had to undergo brain surgery for a subdural hematoma suffered as a result of hitting his head, and later suffered a stroke. He filed a complaint for elder abuse. On […]
Insurance Company Would Not Reveal Policy Limits.
Plaintiff lost his leg in an automobile accident. In his action against defendant, he asked defendant’s insurer for the amount of the policy limits on three separate occasions. When the insurance company did not respond to the queries, plaintiff made an offer pursuant to Code of Civil Procedure section 998, to settle in the amount of […]
Case Of Guantanamo Bay Detainee Dismissed.
Plaintiff, a citizen of Sudan, alleged he was detained in Pakistan in 2002 by Pakistani security forces acting under the direction of an unknown American official. He claimed he was transferred to United States Military custody, first at Bagram Airfield in Afghanistan and then at Guantanamo Bay. In 2005, it was determined that, while he was […]
No Retroactivity Of California Rules of Court, Rule 8.278 Amendment.
Respondent/defendant borrowed money to deposit with the trial court in lieu of securing an appeal bond. After being successful on appeal, it recovered more than $200,000 for interest paid on the borrowed funds as a cost of appeal. Those costs were included in an amended judgment from which the current appeal was taken. Despite the fact […]
- « Previous Page
- 1
- …
- 4
- 5
- 6
- 7
- 8
- …
- 11
- Next Page »