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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
Pech v. Morgan
In action to collect unpaid fees based on breach of valid attorney fee agreement, terms of fee agreement determine amount of recoverable fees.
Attorneys 2DCA/3 Mar. 15, 2021
Pulliam v. HNL Automotive Inc.
Attorney's fee award upheld without apportionment because defendants failed to show plaintiff's unsuccessful causes of action warranted apportionment.
Attorneys 2DCA/5 Feb. 3, 2021
Big Lots Stores v. Superior Court (Menlo)
Dispute about scope of pro hac vice order should not result in disqualification of counsel until issue has been brought to trial judge's attention for clarification.
Attorneys 4DCA/1 Nov. 25, 2020
Moore v. Superior Court (Barsky)
Petitioner's bad faith participation and obstreperous misconduct at mandatory settlement conference was contemptuous, but four counts of contempt were reduced to one count under Penal Code Section 654.
Attorneys 4DCA/3 Nov. 18, 2020
Doe v. Yim
Trial court did not abuse its discretion in disqualifying attorney from representing her daughter against attorney's ex-husband for alleged sexual abuse under advocate-witness rule.
Attorneys 2DCA/4 Oct. 7, 2020
Aerotek v. Johnson Group Staffing Co.
Attorney fees awarded under Civil Code Section 3426.4 (exceeding fees the client already paid) belong to attorneys who labored to earn them, absent enforceable agreement to contrary.
Attorneys 3DCA Sep. 16, 2020
MSY Trading Inc. v. Saleen Automotive, Inc.
When judgment creditor attempts to add party to breach of contract judgment that includes contractual fee award, suit is essentially 'on the contract' for purposes of Civil Code Section 1717.
Attorneys 4DCA/3 Jul. 2, 2020
Masellis v. Law Office of Leslie F. Jensen
Applicable standard of proof in 'settle and sue' legal malpractice action is preponderance of the evidence and not an otherwise higher standard.
Attorneys 5DCA Jun. 24, 2020
Taylor v. Traylor
Contemporaneous time records are the best evidence of lawyers' hourly work and, though not indispensable, eclipse other proofs.
Attorneys 2DCA/8 Jun. 12, 2020
In re Optical Disk Drive Products Antitrust Litigation
When class counsel secures appointment as interim lead counsel by proposing fee structure in competitive bidding process, that bid becomes starting point for determining reasonable fee.
Attorneys 9th May 18, 2020
Obbard v. State Bar of California
Superior Court of California attorneys are state employees, thus not required to complete the State Bar's continuing legal educational program.
Attorneys 1DCA/5 Apr. 30, 2020
Modification: Jackson v. LegalMatch.com
Under Business and Professions Code Section 6155, referral occurs when entity engages in act of directing or sending potential client to attorney; thus, LegalMatch engaged in referral activity.
Attorneys 1DCA/4 Dec. 19, 2019
Jackson v. LegalMatch.com
Under Business and Professions Code Section 6155, referral occurs when entity engages in act of directing or sending potential client to attorney; thus, LegalMatch engaged in referral activity.
Attorneys 1DCA/4 Nov. 29, 2019
Modification: Sprengel v. Zbylut
In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totality of circumstances.
Attorneys 2DCA/7 Nov. 6, 2019
Sprengel v. Zbylut
In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totality of circumstances.
Attorneys 2DCA/7 Oct. 9, 2019