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Tag: Attorneys Fees

August 10, 2012

Rodriguez v. Disner 688 F.3d 645 (9th Cir. 2012)

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Download Publication The Ninth Circuit holds that class counsel representing conflicting interests is not entitled to attorneys’ fees. Van Etten Suzumoto & Becket LLP (which later merged with McGuire-Woods LLC) entered into “incentive agreements” with five clients in connection with a potential antitrust class action against West Publishing.  Each client authorized Van Etten to request […]

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June 27, 2012

In re Estate of Wong (2012) 207 Cal.App.4th 366

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Download Publication The First District holds an attorney is entitled to attorney fees under California Probate Code § 10810 despite the lack of a written fee agreement. Donna Wong retained Peter Bresler to represent her in the trust administration and probate of her late husband’s estate.  The parties did not execute a written contract.  When […]

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December 16, 2011

Crockett & Myers v. Napier, Fitzgerald & Kirby 2011 WL 6288395

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Download Publication The Ninth Circuit holds that an attorney who referred a case to other counsel was entitled to have the value of the referral considered in calculating an award of quantum meruit fees.  The District Court awarded Nevada attorney Brian Fitzgerald $33,333 as quantum meruit fees for his services in a medical malpractice case […]

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August 4, 2011

Giorgianni v. Crowley (2011) 197 Cal.App.4th 1462

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Download Publication The Sixth District holds that filing a small claims action is an effective rejection of a MFAA arbitration award even if the arbitration award exceeds the small-claims jurisdictional limit.  Crowley represented Giorgianni in a family law proceeding.  Giorgianni paid Crowley all but $11,000 of his fees and requested fee arbitration under the Mandatory […]

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May 25, 2011

Fair v. Bakhtiari (2011) 195 Cal.App.4th 1135

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The First District holds that an attorney engaging in ongoing serious ethical violations is not entitled to quantum meruit fee recovery. R. Thomas Fair began representing Karl E. Bakhtiari when he sought legal advice about real estate investments.  Fair and Bakhtiari went into business together and operated under an oral agreement.  For over a decade […]

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May 5, 2011

Lemmer v. Charney (2011) 195 Cal.App.4th 99

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The Second District holds that a provision in a contingency fee agreement that mandated the case proceed to settlement or trial was void as against public policy. Don Lemmer represented Jeffrey Charney on an hourly basis in a lawsuit against Charney’s former employer Teleflora LLC.  After several months, the parties entered into a new contingency […]

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January 27, 2011

Brown v. Grimes (2011) 192 Cal.App.4th 265

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Download Publication The Second District holds that under basic contract principles, a referring attorney’s breach of his agreement to pay the source of his referrals was a breach of the fee sharing agreeing and disallowed recovery.  In addition, neither the referring nor the accepting attorney could enforce a fee sharing contract that did not comply […]

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November 29, 2010

Arnall v. Superior Court (Liker) (2010) 190 Cal.App.4th 360

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Download Publication The Second District holds that a client may void a contingent fee in a contract that failed to include statutory language about the negotiability of the fee. Alan Liker, an attorney specializing in taxation matters and complex business transactions, entered into two agreements with Dawn Arnall and her companies to provide tax advice.  […]

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September 21, 2010

Cotchett, Pitre & McCarthy v. Universal Paragon Corp. (2010)187 Cal.App.4th 1405

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Download Publication The First District holds that a substantial fee earned under a complex contingent fee agreement with a sophisticated client represented by independent counsel is not unconscionable Universal Paragon Corporation (UPC) owned real property next to a contaminated site.  UPC initially retained Cotchett, Pitre & McCarthy (CP & M) on an hourly basis to […]

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June 7, 2010

Lahiri v. Universal Music and Video ODW-CT Distribution 606 F.3d 1216 (9th cir. 2010)

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Download Publication The Second District holds that continuous representation ends when a client hires new counsel to represent the client and the attorney takes no further action on the subject matter.  The Court also holds that contractual attorneys’ fees may be awarded to a firm representing itself under a broadly worded prevailing party attorneys’ fee […]

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