Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B300524
|
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 |
|
A. Egerton | Mar. 15, 2021 |
B293435
|
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 |
|
L. Rubin | Feb. 3, 2021 |
D077486
|
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 |
|
W. Dato | Nov. 25, 2020 |
G058609
|
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 |
|
T. Goethals | Nov. 18, 2020 |
B299856
|
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 |
|
N. Manella | Oct. 7, 2020 |
C078435
|
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 |
|
C. Blease | Sep. 16, 2020 |
G057093
|
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 |
|
R. Ikola | Jul. 2, 2020 |
F075772
|
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 |
|
D. Franson | Jun. 24, 2020 |
B296537
|
Taylor v. Traylor
Contemporaneous time records are the best evidence of lawyers' hourly work and, though not indispensable, eclipse other proofs. |
Attorneys |
|
J. Wiley | Jun. 12, 2020 |
17-15065
|
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 |
|
M. Christen | May 18, 2020 |
A155106
|
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 |
|
G. Burns | Apr. 30, 2020 |
A152442
|
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 |
|
T. Brown | Dec. 19, 2019 |
A152442
|
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 |
|
T. Brown | Nov. 29, 2019 |
B282129
|
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 |
|
L. Zelon | Nov. 6, 2019 |
B282129
|
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 |
|
L. Zelon | Oct. 9, 2019 |
16-16179
|
Roberts v. City and County of Honolulu
The appropriate legal standard for determining the prevailing hourly rate for reasonable attorney's fees is to examine the rates in the local legal community for similar work by comparable attorneys. |
Attorneys |
|
J. Rawlinson | Sep. 13, 2019 |
B289698
|
Wu v. O'Gara Coach Co., LLC
Plaintiff's counsel's firm's founder, having acquired knowledge about playbook information, lacked material connection with plaintiff's claims while president and chief operating officer at defendant's company; thus, firm was not disqualified. |
Attorneys |
|
D. Perluss | Aug. 23, 2019 |
B289698
|
Modification: Wu v. O'Gara Coach Co., LLC
Modification |
Attorneys |
|
D. Perluss | Aug. 23, 2019 |
C085210
|
The Nat. Grange of the Order of Patrons of Husbandry v. California Guild
Attorney disqualified for formerly representing an adverse party in the same litigation necessitates vicarious disqualification of the entire firm, regardless of the firm's ethical screening measures. |
Attorneys |
|
R. Robie | Aug. 15, 2019 |
D075331
|
Doe v. Superior Court
Rule 4.2 of the California State Bar Rules of Professional Conduct not violated when attorney's purpose for ex parte communication was to gather relevant evidence provided by an employee against an organizational defendant. |
Attorneys |
|
W. Dato | Jun. 17, 2019 |
A152375
|
Connelly v. Bornstein
Code of Civil Procedure section 340.6, governs malicious prosecution claims against attorneys who perform professional services in the underlying litigation. |
Attorneys |
|
M. Simons | Apr. 1, 2019 |
H044930
|
Jarvis v. Jarvis
Disqualification of attorney representing partnership affirmed; attorney was paid and directed by one partner, his representation may not be in the best interests of Partnership, and he may unnecessarily deplete assets. |
Attorneys |
|
M. Greenwood | Mar. 21, 2019 |
G054840
|
Martinez v. O'Hara
Counsel's use of "succubustic" describing a female judicial officer's ruling and suggesting the judicial officer intentionally refused to follow the law in court papers are reportable misconduct. |
Attorneys |
|
R. Fybel | Mar. 4, 2019 |
A145037
|
Modification: People v. Landers
Public defender did not violate reciprocal discovery order; under 'Izazaga v. Superior Court' counsel did not reasonably anticipate it was likely he would call witness because he was undertaking minimal defense. |
Attorneys |
|
J. Streeter | Feb. 11, 2019 |
17-16020
|
In re Volkswagen "Clean Diesel" Litigation
If Non-Class Counsel conduct pre-trial activities that do not materially drive settlement negotiations in a class action suit that settles, then they are not entitled to attorneys' fees. |
Attorneys |
|
M. Smith | Jan. 23, 2019 |
A145037
|
People v. Landers
Public defender did not violate reciprocal discovery order; under 'Izazaga v. Superior Court' counsel did not reasonably anticipate it was likely he would call witness because he was undertaking minimal defense. |
Attorneys |
|
J. Streeter | Jan. 16, 2019 |
A150562
|
Strawn v. Morris, Polich & Purdy
Prelitigation communications are privileged only when litigation is no longer a mere possibility, but instead when litigation is contemplated in good faith and under serious consideration. |
Attorneys |
|
J. Kline | Jan. 8, 2019 |
B286730
|
O'Gara Coach Co., LLC v. Ra
A law firm that hires a nonlawyer who possesses an adversary's confidences creates a situation, similar to hiring an adversary's attorney who must protect an adversaries client confidences. |
Attorneys |
|
D. Perluss | Jan. 8, 2019 |
E068348
|
Warren v. Kia Motors America, Inc.
When a voluminous fee application is made a court may make across-the-board percentage cuts provided the reason is not to make the fee award roughly proportionate to the damages award. |
Attorneys |
|
R. Fields | Dec. 13, 2018 |
A151729
|
John Russo Industrial Sheetmetal, Inc. v. City of L.A. Dept. of Airports
Party 'prevails in action' for purposes of California False Claims Act fee provision where it wins on the CFCA claim, notwithstanding fact that it failed to prevail entirely as to other claims in the suit. |
Attorneys |
|
T. Bruiniers | Nov. 28, 2018 |