Law Practice,
Family,
California Courts of Appeal
Mar. 17, 2021
Incivility ruling has implications for divorce litigators
As the court held: “Trial judges deciding motions for attorney fees properly may consider whether the attorney seeking the fee has become personally embroiled and has, therefore, over-litigated the case. Similarly, judges permissibly may consider whether an attorney’s incivility in litigation has affected the litigation cost.”
In Karton v. Ari Design and Construction, Inc., 2021 DJDAR 2219 (March 9, 2021), the Court of Appeal held as follows: "Trial judges deciding motions for attorney fees properly may consider whether the attorney seeking the fee has become personally embroiled and has, therefore, over-litigated the case. Similarly, judges permissibly may consider whether an ...
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