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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
SunEarth Inc. v. Sun Earth Solar Power Co.
Recent U.S. Supreme Court decisions altering how courts should analyze requests for attorney fees under Lanham Act require use of 'totality of the circumstances' test.
Attorneys Oct. 24, 2016
Laffitte v. Robert Half International Inc.
Percentage of fund method survives in California class action cases, and trial court does not abuse discretion in using it to approve attorney fee request.
Attorneys Aug. 12, 2016
City of Petaluma v. Superior Court (Andrea Waters)
Investigatory harassment report written for city by hired attorney is privileged despite attorney not providing legal counsel after report's completion.
Attorneys Jul. 5, 2016
Baxter v. Bock
Arbitration award in fee dispute properly confirmed despite arbitrator's alleged failure to disclose background where nature of arbitrator's legal practice does not raise inference of bias.
Attorneys May 25, 2016
Stetson v. Grissom
Award of attorney fees and costs vacated and case reassigned where court abuses its discretion in failing to specify reasons for drastic reduction of requested fees.
Attorneys May 12, 2016
Osborne v. Todd Farm Service
Case properly dismissed due to plaintiff counsel's 'flagrant' and repeated violation of trial court's evidentiary orders.
Attorneys May 3, 2016
DP Pham LLC v. Cheadle
Denial of motion to disqualify attorney due to improper use of privileged communications is overturned where trial court erroneously reviewed contents of communications to determine whether privilege applied.
Attorneys Apr. 18, 2016
Costello v. Buckley
Motion to disqualify former attorney from representing adverse party properly granted where attorney learned confidential information during prior representation that could be used against former client.
Attorneys Mar. 18, 2016
Ontiveros v. Constable
Counsel improperly disqualified to represent shareholder in successive representation case where functioning of company was so intertwined with shareholder, rendering any distinction fictional.
Attorneys Mar. 16, 2016
Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co. Inc.
Client successfully overturns order confirming arbitration award in favor of law firm where firm violated rule barring simultaneous representation of adverse clients.
Attorneys Feb. 29, 2016
Haeger v. Goodyear Tire & Rubber Co.
After negligence case settles, likely due to serious discovery misconduct, district court may employ its inherent powers to apply discovery sanctions, even where statutes and rules provide similar sanctioning methods.
Attorneys Feb. 17, 2016
Younessi v. Woolf
Order vacating dismissal of attorney malpractice action reluctantly affirmed where plaintiffs entitled to relief under California Code of Civil Procedure Section 473(b)'s attorney-fault provision.
Attorneys Feb. 17, 2016
Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co. Inc.
Client successfully overturns order confirming arbitration award in favor of law firm where firm violated rule barring simultaneous representation of adverse clients.
Attorneys Feb. 1, 2016