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Talbott v. Ghadimi
Client was entitled to mandatory relief from default judgment under Code of Civil Procedure Section 473(b) because the default was caused by his counsel's calculated delay--not his own.
Civil Procedure, Attorneys 2DCA/7 Mar. 20, 2025
Escamilla v. Vannucci
One-year statute of limitations period for claims against attorneys only applies to professional misconduct claims between attorneys and their clients or their intended beneficiaries, not tort claims by third parties.
Attorneys, Torts CASC Mar. 21, 2025
Johnson v. Dept. of Transportation
Trial court did not abuse its discretion in disqualifying attorney who received a privileged communication from opposing counsel, refused to destroy it, and shared it with experts.
Attorneys 3DCA Mar. 19, 2025
Kaushansky v. Stonecroft Attorneys, APC
Professional negligence award was not supported by evidence where plaintiff failed to demonstrate the collectability of the hypothetical underlying judgment that served as the basis for the award.
Attorneys, Torts 2DCA/7 Mar. 18, 2025
Lake v. Gates (In re Parker and Olsen)
Lead attorneys for Plaintiffs alleging the insufficiency Arizona's voting system were subject to sanctions for filing a baseless complaint.
Attorneys, Civil Procedure 9th Mar. 17, 2025
Lake v. Gates (In re Dershowitz)
Of-counsel attorneys may be sanctioned under Federal Rule of Civil Procedure 11 if they sign a pleading without a reasonable basis to believe that the pleadings are not frivolous and are based on facts.
Attorneys 9th Mar. 17, 2025
Herren v. George S.
Elder Abuse Act restraining order was upheld where evidence fully supported that attorney used undue influence to obtain a $100,000 retainer fee agreement from medically-incompetent elder.
Trust and Estates, Attorneys 1DCA/3 Mar. 5, 2025
Kim v. New Life Oasis Church
Issue preclusion prevented attorney from relitigating validity of lien on real property securing attorney's fees because he was in privity with party to first litigation that necessarily decided the issue.
Civil Procedure, Attorneys 2DCA/8 Mar. 5, 2025
Schrader Cellar LLC v. Roach
Summary judgment was improper where triable issues of fact existed as to whether attorney had rebutted the presumption of undue influence in alleged oral business agreement with client.
Contracts, Attorneys 9th Feb. 24, 2025
Pulse Technology Consulting Group v. Skowron & Bunning
Contract specifically provided for recovery of attorney fees even though it only stated that the prevailing party was entitled to recover "all third-party costs" associated with collecting overdue invoices.
Contracts, Attorneys 3DCA Feb. 13, 2025
Plantations at Haywood 1, LLC v. Plantations at Haywood, LLC
Sanctions were proper against counsel who filed a frivolous opposition to motion to confirm an arbitration award, and counsel's meritless appeal warranted further sanctions.
Arbitration, Attorneys 4DCA/3 Feb. 12, 2025
Greer v. County of San Diego
Reports on meetings of review board that included legal counsel for purposes of assessing liability for past events and preventing exposure due to future events were shielded by attorney-client privilege.
Attorneys 9th Feb. 11, 2025
In re Grand Jury Subpoena
Attorney could not be ordered to provide privilege log of documents transferred to the attorney for seeking legal advice that would still have been privileged in the client's hands.
Attorneys, Constitutional Law 9th Jan. 30, 2025
Sanchez v. Superior Court (People)
Trial court did not abuse its discretion when it ordered public defender replaced--against defendant's wishes--to eliminate conflict between counsel's obligations and defendant's rights under the Racial Justice Act.
Attorneys, Criminal Law and Procedure 4DCA/2 Nov. 11, 2024
Kohn v. State Bar of California
Courts must analyze on a claim-by-claim basis whether Title II of the Americans with Disabilities Act validly abrogates state sovereign immunity as to the specific conduct at issue.
Constitutional Law, Attorneys 9th Oct. 22, 2024
Friends of the South Fork Gualala v. Dept. of Forestry & Fire Protection
Trial court did not err in denying application for disability accommodation where numerous continuance accommodations had already been granted and significantly delayed the CEQA lawsuit.
Civil Procedure, Attorneys 1DCA/4 Sep. 30, 2024
Grossman v. Wakeman
Attorney owed no duty of care to disinherited son and grandchildren where it was not clear that client intended his trust to benefit disinherited individuals.
Attorneys, 2DCA/6 Sep. 6, 2024
Simers v. Los Angeles Times Communications LLC
Despite plaintiff's counsel's misconduct leading to the need for another trial, trial court did not abuse its discretion in awarding her attorney's fees.
Attorneys 2DCA/8 Sep. 4, 2024
Berry v. Air Force Central Welfare Fund
Plaintiff could not recover attorneys' fees under the Longshore Act because Defendants paid full amount owed prior to proceeding, so there was no successful prosecution.
Attorneys, Administrative Agencies 9th Aug. 30, 2024
Crowe v. Oregon State Bar
Dues-paying bar member established an infringement on his freedom of association after Oregon State Bar's publication of statements antithetical to his views and unrelated to its regulatory purpose.
Constitutional Law, Attorneys 9th Aug. 29, 2024
Syre v. Douglas
Denying motion to disqualify counsel was appropriate where prospective client did not provide relevant confidential information to an attorney or demonstrate she would be harmed by the information provided.
Attorneys 4DCA/2 Aug. 21, 2024
Grizzell v. San Elijo Elementary School
Non-attorney parent could not proceed without counsel in action brought on her children's behalf.
Attorneys 9th Aug. 8, 2024
Dickson v. Mann
Law firm had no third-party claim on funds paid under flat fee arrangement despite a provision stating the money was earned on receipt because it had not yet provided any legal services.
Attorneys 4DCA/1 Jul. 22, 2024
Southern California Edison Co. v. Superior Court (21st Century Insurance Co.)
Attorney work product generated from investigation as to whether client complied with public reporting statutory requirements was protected by the work product privilege.
Attorneys 2DCA/1 Jun. 4, 2024
Byers v. Superior Court
By putting at issue attorney fees they incurred seeking coverage under their insurance policy, plaintiffs waived the attorney-client privilege as to documents supporting their fees claim.
Attorneys 1DCA/5 May 8, 2024
Masimo Corporation v. The Vanderpool Law Firm, Inc.
Law firm's withdrawal from representation did not insulate it from sanctions for its prior discovery misuse.
Attorneys 4DCA/3 May 6, 2024
Douglas Pell v. Amy Nunez
Law student failed to state a cognizable deprivation of rights under federal law because State Bar's action was merely advisory and without legal significance until approved by California Supreme Court.
Attorneys, Civil Procedure 9th May 1, 2024
Edmo v. Corizon, Inc.
Under the Prison Litigation Reform Act, it was inappropriate to include time spent on prisoner's unsuccessful claims in calculation of lodestar amount when awarding attorneys' fees.
Attorneys 9th Apr. 8, 2024
Sundholm v. Hollywood Foreign Press Assn.
Plaintiff's counsel was not disqualified because there was no evidence that his review of privileged draft bylaws resulted in a legal disadvantage for defendant.
Attorneys 2DCA/7 Feb. 29, 2024
People v. Ferenz
Defendant could not replace appointed counsel because she provided adequate representation considering the evidence and charges.
Attorneys 6DCA Feb. 23, 2024