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Tag: Attorneys Fees

May 25, 2016

Baxter v. Bock (2016) 247 Cal.App.4th 775

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Download Publication The First District refuses to overturn an arbitration award on the grounds an arbitrator failed to make sufficient disclosures to reveal bias. The Court held there was no basis to award attorney’s fees for the work of a female attorney at a rate lower than that of a male attorney with similar credentials.  […]

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August 10, 2015

Hartford Casualty Ins. Co. v. J.R. Marketing, LLC, 2015 WL 4716917 (August 10, 2015)

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Download Publication The California Supreme Court allows an insurer to sue Cumis counsel to recover allegedly unreasonable and unnecessary defense fees and costs.  J.R. Marketing, Noble Locks, and several of their employees, (J.R. Marketing”) were sued for intentional misrepresentation, breach of fiduciary duty, unfair competition, and other counts in California and in other states. Hartford […]

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July 21, 2015

Law Offices of Marc Grossman v. Victor Elementary School District (2015) 238 Cal.App.4th 1010

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Download Publication The Fourth District holds attorney’s fees for self-representation are recoverable under the Public Records Act. The Law Offices of Marc Grossman sought, as a member of the public, the amount the school district spent to defend a claim. The Court of Appeal granted Grossman’s writ of mandate, reversing the trial court, and ordered […]

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July 14, 2015

Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251

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Download Publication The Fourth District denies a class action attorney fee award to an out-of-state attorney who was not admitted pro hac vice. Leslie Golba was the class representative in a case against Dick’s Sporting Goods, Inc. based on Dick’s practice of requesting personal information from consumers during credit card transactions. The settlement provided class […]

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January 16, 2015

In Re McIntosh 2015 WL 241130

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Download Publication The Bankruptcy Court denies a fee application, and orders a refund of fees already paid, in response to a flagrant breach of loyalty by an attorney. Deborah McIntosh hired David N. Chandler to represent her in a bankruptcy. During the bankruptcy proceedings, Chandler argued a deed of trust on McIntosh’s home should be […]

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October 22, 2014

Lofton v. Wells Fargo (2014) 2014 WL 5358364

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Download Publication The First District holds a trial court has continuing jurisdiction to monitor class action settlements, and to issue injunctive relief to consider whether ethical violations preclude an attorney fee award to class counsel. Two law firms filed class actions in two courts alleging employees of Wells Fargo Home Mortgage were misclassified as exempt […]

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September 30, 2014

Hernandez v. Siegel (2014) 230 Cal.App.4th 165

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Download Publication The First District holds attorneys representing a plaintiff in a successful employment discrimination lawsuit are entitled to interest accrued on fees and costs awarded by the court.  Nimachia Hernandez retained attorneys Dan Siegel and Ann Weills to represent her in an employment discrimination lawsuit.  The fee agreement provided attorneys would be paid the […]

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March 26, 2014

Soni v. Wellmike Enterprise Co. Ltd., (2014) 224 Cal.App.4th 1477

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Download Publication  The Second District holds a law firm represented by its own employees cannot recover fees as a prevailing party.  Soni prevailed in a suit for unpaid fees against Wellmike Enterprise Co. Ltd.  The fee agreement had a prevailing party fee provision, and included fees of the Soni Law Firm and its personnel, “to […]

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January 16, 2013

Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler (2012) 212 Cal.App.4th 172

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Download Publication The Fourth District holds a referring attorney, prevented by the handling attorney from obtaining informed written client consent to a fee division as required by California Rule of Professional Conduct 2-200, may raise equitable estoppel in response to the handling attorney’s rule 2-200 defense in a subsequent breach of contract action.  Barnes, Crosby. […]

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October 10, 2012

Sands & Associates v. Juknavorian (2012) 209 Cal.App.4th 1269

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Download Publication The Second Division denies prevailing party attorneys’ fees for services rendered by “of counsel” attorneys.  A law firm and its “of counsel” constitute a single, de facto firm, and thus no fees are “incurred” for services. Sands & Associates represented Martin Juknavorian in a marital dispute.  The retainer agreement provided for binding arbitration […]

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