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Gorman v. Tassajara Development Corp.
Although trial court is not required to explain attorney fee award, reasonable basis for award must nonetheless exist.
Attorneys Nov. 5, 2009
Crawford v. Astrue (Shapiro)
Contingency based attorney fees are reasonable where attorneys represented clients in challenging denials of disability insurance benefits.
Attorneys Nov. 4, 2009
Downey v. State Bar
Discipline imposed on attorney who filed false verification must be greater than prior discipline imposed for failure to perform legal services.
Attorneys Oct. 25, 2009
Crockett & Myers LTD v. Napier, Fitzgerald & Kirby LLP
Lawyer does not breach fiduciary duty or contracts by advising termination of co-counsel where advice was privileged and protected by agreements.
Attorneys Oct. 21, 2009
Gorman v. Tassajara Development Corp.
Although trial court is not required to explain attorney fee award, reasonable basis for award must nonetheless exist.
Attorneys Oct. 7, 2009
U.S. v. Ruehle
CFO who assisted attorneys in investigation while understanding that statements would be disclosed cannot claim attorney-client privilege.
Attorneys Oct. 1, 2009
Hylton v. Frank E. Rogozienski Inc.
Lawsuit arising from attorney’s breach of fiduciary duty is not stricken where claim did not arise under purview of anti-SLAPP statute.
Attorneys Sep. 24, 2009
Tichinin v. City of Morgan Hill
Retaliation claim survives where city condemned attorney for hiring private investigator to examine rumors of affair between city manager and city attorney.
Attorneys Sep. 23, 2009
Dietz v. Meisenheimer & Herron
Due process right to present defense is not violated where law firm asserted that it could not defend itself without ethical violations.
Attorneys Sep. 18, 2009
Li v. Majestic Industry Hills LLC
Party alleging frivolous filing loses right to seek sanctions where 21-day safe harbor period was not provided.
Attorneys Sep. 10, 2009
Taheri Law Group A.P.C. v. Sorokurs
Court is not required to vacate arbitration award where party files untimely response to petition to vacate.
Attorneys Aug. 20, 2009
Meza v. H. Muehlstein & Co.
Defendants' attorneys do not waive attorney work product privilege where they communicated respective clients' common interests to each other.
Attorneys Aug. 20, 2009
Law Offices of David S. Karton v. Giuseppe Segreto
Trial court errs by failing to confirm arbitration award after denying petition to correct amount.
Attorneys Aug. 20, 2009
Wood v. Santa Monica Escrow Co.
Plaintiff is not prevailing party entitled to attorney fees where he won on defendant's appeal from denial of attorney fees.
Attorneys Aug. 17, 2009
Law Offices of David S. Karton v. Giuseppe Segreto
Trial court errs by failing to confirm arbitration award after denying petition to correct amount.
Attorneys Aug. 3, 2009
Baker Manock & Jensen v. Superior Court (Salwasser)
Law firm is not subject to disqualification for representing executor of estate against beneficiary where law firm also drafted will.
Attorneys Jul. 24, 2009
Oregon Natural Desert Association v. Locke
Under Freedom of Information Act, award of attorney fees is improper where defendants provided requested documents prior to court order.
Attorneys Jul. 9, 2009
Riverwatch v. County of San Diego Dept. of Environmental Health (Gregory Canyon Ltd.)
Attorney fee award under private attorney general doctrine is proper where litigation opposing landfill project served to benefit public.
Attorneys Jul. 3, 2009
Consumer Privacy Cases
Settlement agreement is proper where defendant agreed not to oppose award of attorney fees for certain amount to class counsel.
Attorneys Jul. 2, 2009
Citizens for Better Forestry v. U.S. Dept. of Agriculture
Plaintiff is not 'prevailing party' for purposes of attorney fees where case was dismissed after defendant withdrew disputed rule.
Attorneys Jun. 10, 2009
County of Sacramento v. Sandison
Trial court's refusal to limit attorney fees to reasonable amount incurred by county is proper where settlement authorized additional fees.
Attorneys Jun. 1, 2009
Cohen v. Brown
Attorney's anti-SLAPP motion is not valid where threat to file State Bar complaint constituted extortion.
Attorneys May 26, 2009
People v. Ward
Court order requiring defense counsel not to claim prosecutorial misconduct in presence of jury was lawful.
Attorneys May 21, 2009
Cohen v. Brown
Attorney's anti-SLAPP motion is not valid where threat to file State Bar complaint constituted extortion.
Attorneys Apr. 26, 2009
Franke v. BAM Building Co.
Prevailing party may not recover attorney fees where undertaking does not contain fee provision.
Attorneys Apr. 17, 2009
Krug v. Maschmeier
In action for injunctive relief against harassment, prevailing defendant may recover attorney fees even though plaintiff brought action in good faith.
Attorneys Mar. 26, 2009
David S. Karton, A Law Corp. v. Dougherty
Former client is entitled to notice of attorney's requests for post judgment attorney fees.
Attorneys Mar. 20, 2009
Franke v. BAM Building Co.
Prevailing party may not recover attorney fees where undertaking does not contain fee provision.
Attorneys Mar. 18, 2009
Fahy v. State Bar
Recommendation for disbarment upheld where attorney lied to judge about reasons for vote while serving on jury.
Attorneys Mar. 10, 2009
Christensen v. Stevedoring Services of America
For purposes of fee calculation, 'relevant community' may not be based solely on other awards under Longshore and Harbor Workers' Compensation Act.
Attorneys Mar. 3, 2009