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Schimmel v. Levin
Court has authority to strike pleadings filed by disqualified attorney who possessed adverse confidential information on plaintiff in interest of justice.
Attorneys May 6, 2011
Lemmer v. Charney
Attorney may not require client to promise to proceed to trial or enter settlement as part of contingency fee agreement.
Attorneys May 6, 2011
Rogel v. Lynwood Redevelopment Agency
In applying negative multiplier to set amount of attorney fees, trial court must not use public entity's status to negate appropriate lodestar.
Attorneys May 3, 2011
Liberty National Enterprises L.P. v. Chicago Title Insurance Co.
Attorney disqualification is impliedly waived where delay in bringing disqualification motion was unreasonable and caused extreme prejudice to opponent.
Attorneys Apr. 26, 2011
Callahan v. Gibson, Dunn & Crutcher LLP
Execution of partnership agreement does not constitute actual injury sufficient to trigger limitations period for legal malpractice action.
Attorneys Apr. 19, 2011
Banning Ranch Conservancy v. Superior Court (City of Newport Beach)
Agreement with law firm for matter-by-matter representation does not create attorney-client relationship that would disqualify firm in subsequent representation.
Attorneys Mar. 24, 2011
Blue Water Sunset LLC v. Markowitz
Limited liability company member which filed action against second member may move to disqualify attorney who represented company and second member with conflicting interests.
Attorneys Feb. 3, 2011
Brown v. Grimes
Attorney is excused from further obligation under fee-sharing agreement where other attorney failed to perform contractual responsibility to pay third party.
Attorneys Jan. 31, 2011
Kullar v. Foot Locker Retail Inc.
Representation of class members in two cases does not require disqualification since putative class members are not ‘clients’ and no conflict exists.
Attorneys Jan. 19, 2011
Cassel v. Superior Court (Wasserman, Comden, Casselman & Pearson LLP)
Absent express waiver of confidentiality, private attorney-client communications related to mediation with third party are inadmissible in malpractice suit.
Attorneys Jan. 14, 2011
Holmes v. Petrovich Development Co. LLC
Attorney-client privilege does not protect e-mails sent to attorney via defendant company's computer where company told plaintiff that e-mail would be inspected.
Attorneys Jan. 14, 2011
Olsen v. Harbison
Attorney who was later fired by client cannot seek fees under quantum meruit from second attorney pursuant to fee-division agreement.
Attorneys Dec. 28, 2010
City of Santa Rosa v. Patel
Lodestar method of calculating attorney fees is applicable in red light abatement case because it provides more predictability than using cost-plus method.
Attorneys Dec. 22, 2010
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection
Party is entitled to attorney fees as successful litigant despite partial reversal of claims where significant benefit is shown by effectuation of policy.
Attorneys Dec. 16, 2010
Allen v. State Bar
Attorney is not subject to disciplinary action where no attorney-client relationship existed at time of negotiation and sale of friend's duplex.
Attorneys Nov. 22, 2010
Arnall v. Superior Court (Liker)
Contingency fee agreement between attorney and client is voidable where written agreement fails to state fee is negotiable.
Attorneys Nov. 22, 2010
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection
Party is entitled to attorney fees as successful litigant despite partial reversal of claims where significant benefit is shown by effectuation of policy.
Attorneys Nov. 21, 2010
PNEC Corp. v. Meyer
Court may award attorney fees to moving party under Civil Code Section 1717 where action on contract was dismissed due to inconvenient forum.
Attorneys Nov. 17, 2010
E-Pass Technologies Inc. v. Moses & Singer LLP
State court has subject-matter jurisdiction over legal malpractice claim where damages are based on attorneys’ exercise of reasonable care, not patent law.
Attorneys Nov. 7, 2010
Moore v. Kaufman
Attorney fee award against plaintiff's counsel based on anti-SLAPP motion is void, and counsel may defend herself on that ground in contempt proceeding.
Attorneys Oct. 24, 2010
Center for Biological Diversity v. County of San Bernardino (Hawarden Development Co.)
Remand is necessary for fee award that was arbitrarily reduced, suggesting court did not take complexities of appellate work into consideration.
Attorneys Oct. 18, 2010
Leonard Carder LLP v. Patten, Faith & Sandford
'Actual controversy' over distribution of attorney fees exists where law firm claimed entitlement to 40 percent of fee in excess of $12 million.
Attorneys Oct. 12, 2010
Smith v. Selma Community Hospital
Court must award attorney fees if other party litigated lawsuit in bad faith, which is determined with subjective standard regarding motive for litigating.
Attorneys Sep. 27, 2010
Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
Attorney fee awarded by arbitrator based on percentage of property value stipulated by agreement between parties is not unconscionable.
Attorneys Sep. 22, 2010
Center for Biological Diversity v. County of San Bernardino (Hawarden Development Co.)
Remand is necessary for fee award that was arbitrarily reduced, suggesting court did not take complexities of appellate work into consideration.
Attorneys Sep. 20, 2010
Smith v. Selma Community Hospital
Court must award attorney fees if other party litigated lawsuit in bad faith, which is determined with subjective standard regarding motive for litigating.
Attorneys Sep. 2, 2010
Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
Attorney fee awarded by arbitrator based on percentage of property value stipulated by agreement between parties is not unconscionable.
Attorneys Sep. 1, 2010
Sullivan v. State Bar
Disbarment is appropriate where attorney has history of discipline problems and fails to report criminal conviction of moral turpitude to State Bar.
Attorneys Aug. 16, 2010
Henderson v. Pacific Gas and Electric Co.
Attorney's failure to supervise paralegal, which led to late filing of opposition to summary judgment, does not constitute excusable neglect.
Attorneys Aug. 6, 2010
Great Lakes Construction Inc. v. Burman
Litigant may not move to disqualify opposing counsel from jointly representing its adversaries based on conflict of interests.
Attorneys Jul. 28, 2010