| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 16-56188 
 | 
Ellis v. Harrison
 Petition for habeas corpus rejected because African American petitioner could not show his defense counsel's competence was affected by his racist views evidenced by declarations from his daughters.  | 
Attorneys | 
 | 
P. Curiam (9th Cir.) | Jun. 8, 2018 | 
| 
 D072577 
 | 
Abbott Laboratories v. Superior Court
 Pursuant to the California Constitution, a District Attorney has no authority to sue on behalf of all Californians; DA merely has jurisdiction over the County he or she serves.  | 
Attorneys | 
 | 
T. O'Rourke | Jun. 4, 2018 | 
| 
 A153981 
 | 
Magana v. Superior Court (San Mateo)
 A trial court did not abuse its discretion when it removed defense counsel to ensure adequate representation; although such authority should be used sparingly.  | 
Attorneys | 
 | 
E. Schulman | May 1, 2018 | 
| 
 D072632 
 | 
People v. Arredondo et al.
 Prosecutor repeatedly referring to defendants as cockroaches amounts to misconduct, requires reversal of jury's gang findings.  | 
Attorneys | 
 | 
P. Benke | Mar. 21, 2018 | 
| 
 15-56389 
 | 
Sali v. Corona Regional Medical Center
 Rule of Civil Procedure 37(a) allows court to issue order compelling deposition of nonparty expert witness and impose sanctions upon non-compliant party if witness fails to appear where sanctions are reasonable.  | 
Attorneys | 
 | 
J. Nguyen | Mar. 20, 2018 | 
| 
 Opinion  | 
Attorneys | 
 | 
Mar. 19, 2018 | ||
| 
 S236208 
 | 
Heller Ehrman LLP v. Davis Wright Tremaine LLP
 Dissolved law firm maintains no property interest in legal matters handled on hourly basis at time of firm's dissolution.  | 
Attorneys | 
 | 
M. Cuéllar | Mar. 6, 2018 | 
| 
 G054981 
 | 
California Self-Insurers' Security Fund v. Superior Court (Orange)
 Petition granted where court must look to whether brief tenure of attorney at plaintiff firm merits disqualification where he previously represented defendants.  | 
Attorneys | 
 | 
E. Moore | Jan. 30, 2018 | 
| 
 E067000 
 | 
People v. Lucero
 A trial court is not required to conduct a 'Marsden' hearing to relieve ineffective counsel on its own motion.  | 
Attorneys | 
 | 
M. Ramirez | Dec. 18, 2017 | 
| 
 14-16922 
 | 
Morrill v. Scott Financial Corporation 
 Court lacks personal jurisdiction over defendant where conduct is not directed toward forum state.  | 
Attorneys | 
 | 
J. Kronstadt | Oct. 24, 2017 | 
| 
 G053563 
 | 
Lynn v. George 
 ‘Potential’ attorney-client relationship with ‘alleged’ partnership is insufficient to disqualify attorney as counsel.  | 
Attorneys | 
 | 
R. Fybel | Sep. 25, 2017 | 
| 
 D070484 
 | 
Roth v. Plikaytis
 Failure to consider litigant’s previously filed supported documents incorporated by reference in attorney fee motion results in remand for recalculation of award.  | 
Attorneys | 
 | 
W. Dato | Sep. 14, 2017 | 
| 
 G054078 
 | 
Beachcomber Management Crystal Cove v. Superior Court
 Successive representation rules generally do not bar attorney from continuing to represent insider of closely held company in a derivative lawsuit pursuant to ‘Forrest v. Baeza.’  | 
Attorneys | 
 | 
R. Aronson | Aug. 1, 2017 | 
| 
 14-35373 
 | 
Decker v. Berryhill
 Social Security claimant's application for attorney fees properly denied, where Commissioner's position in opposing remand is substantially justified under Equal Access to Justice Act.  | 
Attorneys | 
 | 
May 10, 2017 | |
| 
 14-35164 
 | 
Gardner v. Berryhill
 Commissioner of Social Security position that ALJ correctly determined case based on 'interim' report not justified, as district court was required to consider 'final' report's bearing on whole case.  | 
Attorneys | 
 | 
May 10, 2017 | |
| 
 D070006 
 | 
Save Our Heritage Organisation v. City of San Diego (Plaza de Panama Committee)
 City project proponent cannot win attorney fees despite prevailing on appeal, as opposing party did not seek to 'adversely affect public interest' in challenging revitalization of San Diego's Balboa Park.  | 
Attorneys | 
 | 
Apr. 28, 2017 | |
| 
 14-17366 
 | 
Weeden v. Johnson
 Attorney's failure to pursue psychological testing for minor client accused of felony murder constitutes ineffective assistance of counsel, as not pursuing testing is not a 'trial strategy.'  | 
Attorneys | 
 | 
Apr. 24, 2017 | |
| 
 B266060 
 | 
Broadway Victoria LLC v. Norminton, Wiita & Fuster
 Grant of nonsuit proper, where claim for breach of fiduciary duty duplicative of claim for professional negligence.  | 
Attorneys | 
 | 
Apr. 21, 2017 | |
| 
 G053623 
 | 
McDermott Will & Emery LLP v. Superior Court (Hausman)
 Disqualification of law firm appropriate following firm's violation of ethical obligations regarding use of inadvertently disclosed privileged email.  | 
Attorneys | 
 | 
Apr. 20, 2017 | |
| 
 15-1406 
 | 
Goodyear Tire v. Haeger
 Award of attorney's fees is abuse of discretion as district court failed to make 'causal connection' between party's failure to comply with discovery requests and legal costs.  | 
Attorneys | 
 | 
Apr. 19, 2017 | |
| 
 14-56457 
 | 
Irvine Unified School District v. K.G.
 Student who successfully petitioned ALJ to find government agency responsible for funding education is prevailing party for purposes of attorneys' fees, as ensuing federal case was filed by school district.  | 
Attorneys | 
 | 
Apr. 14, 2017 | |
| 
 B260762 
 | 
Yale v. Bowne
 In legal malpractice action concerning preparation of estate plan, jury properly instructed on comparative fault where client's own conduct contributed to her harm.  | 
Attorneys | 
 | 
Mar. 13, 2017 | |
| 
 C079790 
 | 
Flake v. Neumiller & Beardslee
 Malpractice action is time-barred where it was filed more than one year after attorney filed motion to withdraw, but within one year of court's granting of that motion.  | 
Attorneys | 
 | 
Mar. 6, 2017 | |
| 
 C079496 
 | 
Jones v. Whisenand
 'Actual innocence' requirement for legal malpractice claim does not apply to Sexually Violent Predator Act proceedings especially where offender's SVPA proceedings remain pending.  | 
Attorneys | 
 | 
Feb. 14, 2017 | |
| 
 A145601 
 | 
Leighton v. Forster
 Attorney unsuccessful in overturning summary judgment in favor of purported client, where unsigned attorney fee contract renders contract unenforceable.  | 
Attorneys | 
 | 
Feb. 13, 2017 | |
| 
 A145428 
 | 
Millview Co. Water Dist. v. State Water Resources Control Board
 Litigation securing appellate opinion on water rights does not merit private attorney general attorney fees as claimants' million dollar stakes do not 'transcend personal interest.'  | 
Attorneys | 
 | 
Nov. 6, 2016 | |
| 
 A142820 
 | 
Drakes Bay Oyster Co. v. California Coastal Commission
 Administrative agency's enforcement staff's assistance in litigation following conclusion of hearing does not constitute due process violation.  | 
Attorneys | 
 | 
Oct. 31, 2016 | |
| 
 16-72275 
 | 
Bundy v. District Court of Nevada (United States)
 Chosen attorney's pattern of ethics proceedings, lack of candor supports district court's rejection of pro hac vice application involving high profile 'Bundy' criminal case.  | 
Attorneys | 
 | 
Oct. 31, 2016 | |
| 
 D069713 
 | 
Walker v. Apple Inc.
 Court properly granted motion to disqualify firm representing plaintiffs in two concurrent wage-and-hour class actions against Apple.  | 
Attorneys | 
 | 
Oct. 30, 2016 | |
| 
 A145428 
 | 
Millview Co. Water Dist. v. State Water Resources Control Board
 Litigation securing appellate opinion on water rights does not merit private attorney general attorney fees as claimants' million dollar stakes do not 'transcend personal interest.'  | 
Attorneys | 
 | 
Oct. 26, 2016 | 
