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Modification: Aronow v. Superior Court (Emergent LLP)
When indigent party demonstrates inability to pay for arbitration, trial courts may provide opposing party the choice to pay for indigent party's arbitration fees or try the case in court.
Attorneys 1DCA/4 Apr. 25, 2022
Clarity Co. Consulting v. Gabriel
Sanctions may be imposed when clearly meritless anti-SLAPP motions are pursued.
Attorneys 2DCA/6 Apr. 13, 2022
Mireskandari v. Edwards Wildman Palmer LLP
Plaintiff showed causation for malpractice claim against former attorneys since he would not have incurred costs and fees from anti-SLAPP motion had he been properly advised before filing his lawsuit.
Attorneys 2DCA/3 Apr. 12, 2022
Aronow v. Superior Court (Emergent LLP)
When indigent party demonstrates inability to pay for arbitration, trial courts may provide opposing party the choice to pay for indigent party's arbitration fees or try the case in court.
Attorneys 1DCA/4 Mar. 30, 2022
LA Investments, LLC v. Spix
Mobilehome park's malicious prosecution action prevailed because no reasonable attorney would have imputed nefarious meaning to the park's letter requesting financial information from resident applicant.
Attorneys 2DCA/3 Mar. 8, 2022
People v. Williams
An attorney who prosecutes an appeal while failing to cite known authority that the court has no jurisdiction to entertain the appeal violates the attorney's duty of candor.
Attorneys 2DCA/5 Feb. 28, 2022
Amended Opinion: In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test.
Attorneys 9th Jan. 28, 2022
Sanchez v. Westlake Services
Under Code of Civil Procedure Section 904.1(a)(2), for the trial court's attorney fees order to constitute an appealable postjudgment order, a prior appealable judgment is required.
Attorneys 2DCA/7 Jan. 19, 2022
Modification: Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited.
Attorneys 2DCA/1 Nov. 15, 2021
Letgolts v. David H. Pierce & Assoc.
Despite attorney's sluggishness with a suit, there was no legal malpractice because the underlying claim would not have prevailed.
Attorneys 2DCA/8 Nov. 4, 2021
Moreci v. Scaffold Solutions, Inc.
Under the general standing rules requiring some sort of confidential or fiduciary relationship, a trial court correctly determined a party lacked standing to move to disqualify counsel.
Attorneys 1DCA/2 Oct. 20, 2021
Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited.
Attorneys 2DCA/1 Oct. 18, 2021
Missakian v. Amusement Industry, Inc.
Regardless of attorney's status as in-house counsel, oral agreements with employer for litigation bonuses are contingency agreements that must be in writing and signed by both counsel and employer.
Attorneys 2DCA/5 Sep. 30, 2021
Leiper v. Gallegos
A pro se attorney's eligibility to recover costs excluding attorney fees is not dependent whether a pro se attorney can recover attorney fees.
Attorneys 2DCA/6 Sep. 24, 2021
In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test.
Attorneys 9th Sep. 14, 2021
Amjadi v. Brown
Attorney may not settle client's case over client's objection and any provision of retainer agreement purporting to give attorney such authority is void.
Attorneys 4DCA/3 Sep. 1, 2021
Hom v. Petrou
Respondents were entitled to collect their attorney's fees related to appellant's non-contract claims as third party beneficiaries.
Attorneys 1DCA/4 Aug. 5, 2021
AdTrader Inc. v. Google
Order awarding attorneys' fees from common fund is not immediately appealable where parties stipulated that attorneys' fees would be paid out of defendant's pocket.
Attorneys 9th Aug. 2, 2021
Jackson v. Park
Defense counsel engaged in misconduct by falsely arguing excluded evidence did not exist and by arguing facts outside the record.
Attorneys 2DCA/7 Jul. 28, 2021
Genis v. Schainbaum
Where legal malpractice is being alleged against criminal defense counsel, actual innocence of criminal charges must be proved.
Attorneys 2DCA/8 Jul. 26, 2021
Harris v. Rojas
Plaintiff's recovery was slight compared to his demand; thus, trial court's ruling that plaintiff was not prevailing party was affirmed.
Attorneys 2DCA/8 Jul. 21, 2021
Champir, LLC v. Fairbanks Ranch Association
Determination of who is prevailing party requires ascertaining proper litigation objective.
Attorneys 4DCA/1 Jul. 19, 2021
Schoenberg v. Federal Bureau of Investigation
District court properly found that government's withholding of information relating to Freedom of Information Act request was reasonable and disfavored awarding attorney's fees.
Attorneys 9th Jul. 1, 2021
Pasternack v. McCullough
Trial court did not err in applying hourly rates to its lodestar analysis that exceeded hourly rate actually paid.
Attorneys 2DCA/8 Jun. 30, 2021
Modification: In re Mahoney
Rather than attempt to convince the court its reasoning was faulty, attorney indulged in unprofessional rant that impugned integrity of the court, and was thus held in contempt.
Attorneys 4DCA/3 Jun. 18, 2021
In re Mahoney
Rather than attempt to convince the court its reasoning was faulty, attorney indulged in unprofessional rant that impugned integrity of the court, and was thus held in contempt.
Attorneys 4DCA/3 Jun. 15, 2021
O'Shea v. Lindenberg
Defendant attorney's motion for directed verdict was properly granted because plaintiff failed to establish with expert testimony that hiring forensic expert would have resulted in more favorable judgment.
Attorneys 4DCA/3 May 18, 2021
The Sonoma Land Trust v. Thompson
Trial court did not abuse its discretion in awarding attorney's fees based on partial contingent risk.
Attorneys 1DCA/5 May 5, 2021
Michaels v. Greenberg Traurig, LLP
Trial court erred in granting summary adjudication on appellants' claim for legal malpractice because appellants met their burden on establishing causation and damages.
Attorneys 2DCA/8 Mar. 30, 2021
Curtis v. Superior Court (California Employment Lawyers Assoc.)
Identity of attorney's nontestifying expert was not entitled to absolute work product protection because it would not reveal attorney's 'impressions, conclusions, opinions, or legal research or theories.'
Attorneys 2DCA/7 Mar. 26, 2021