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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 9th Sep. 13, 2019
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 2DCA/7 Aug. 23, 2019
Modification: Wu v. O'Gara Coach Co., LLC
Modification 		Attorneys 2DCA/7 Aug. 23, 2019
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 3DCA Aug. 15, 2019
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 4DCA/1 Jun. 17, 2019
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 1DCA/5 Apr. 1, 2019
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 6DCA Mar. 21, 2019
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 4DCA/3 Mar. 4, 2019
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 1DCA/4 Feb. 11, 2019
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 9th Jan. 23, 2019
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 1DCA/4 Jan. 16, 2019
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 1DCA/2 Jan. 8, 2019
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 2DCA/7 Jan. 8, 2019
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 4DCA/2 Dec. 13, 2018
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 1DCA/5 Nov. 28, 2018
Schulz v. Jeppesen Sanderson, Inc.
When determining whether a proposed fee is reasonable, "[t]he court must give consideration to the terms of any representation agreement made between an attorney and the representative of a minor. 		Attorneys 2DCA/1 Oct. 4, 2018
People v. Espinoza
Trial court abused its discretion in denying defendant's motion to withdraw guilty plea because he wasn't sufficiently advised of the severe immigration consequences of his plea, which mandated removal. 		Attorneys 2DCA/2 Oct. 2, 2018
Lofton v. Wells Fargo Home Mortgage
An experienced trial judge is the best judge of the value of professional services rendered in his or her court. 		Attorneys 1DCA/3 Oct. 2, 2018
People v. Gonzalez
A motion to withdraw a guilty plea under Penal Code Section 1437.7 was correctly denied where defendant failed to satisfy the first prong of the 'Strickland' test for his claim of ineffective assistance of counsel. 		Attorneys 4DCA/1 Oct. 1, 2018
Bridgepoint Construction Services v. Newton
Disqualification was automatic when an attorney simultaneously represented one client in a related action and another client in the instant action and the clients had adverse interests. 		Attorneys 2DCA/6 Sep. 6, 2018
Sheppard, Mullin etc. v. J-M Manufacturing Co., Inc.
'Informed consent' of simultaneous dual representation can be effected only where firm discloses 'all material facts' that are known and can be revealed; more general conflicts waiver at issue was inadequate. Nonetheless quantum meruit recovery 'not categorically barred.' 		Attorneys CASC Aug. 31, 2018
Fluidmaster v. Fireman's Fund Ins. Co.
Case remanded under 'Kirk v. First American Title Ins. Co.' for reevaluation where disqualified attorney departs from mega-firm during pendency of appeal. 		Attorneys 4DCA/3 Jul. 26, 2018
Fisher v. State Personnel Board
Dismissal of administrative law judge not abuse of discretion where substantial evidence shows wrongful conduct was egregious, and such 'ethical lapse[s] antithetical to his role as an administrative law judge' were likely to be repeated. 		Attorneys 3DCA Jul. 9, 2018
Modification: Abbott Laboratories v. Superior Court
Pursuant to the California Constitution, a District Attorney has no authority to sue on behalf of all Californians; DA merely has jurisdiction over the County he or she serves. 		Attorneys 4DCA/1 Jun. 28, 2018
Shame On You Productions v. Banks
District court has discretion to award full costs and fees in a copyright action' pursuant to 17 U.S.C. Section 505 		Attorneys 9th Jun. 22, 2018
Ellis v. Harrison
Petition for habeas corpus rejected because African American petitioner could not show his defense counsel's competence was affected by his racist views evidenced by declarations from his daughters. 		Attorneys 9th Jun. 8, 2018
Abbott Laboratories v. Superior Court
Pursuant to the California Constitution, a District Attorney has no authority to sue on behalf of all Californians; DA merely has jurisdiction over the County he or she serves. 		Attorneys 4DCA/1 Jun. 4, 2018
Magana v. Superior Court (San Mateo)
A trial court did not abuse its discretion when it removed defense counsel to ensure adequate representation; although such authority should be used sparingly. 		Attorneys 1DCA/4 May 1, 2018
People v. Arredondo et al.
Prosecutor repeatedly referring to defendants as cockroaches amounts to misconduct, requires reversal of jury's gang findings. 		Attorneys 1DCA/4 Mar. 21, 2018
Sali v. Corona Regional Medical Center
Rule of Civil Procedure 37(a) allows court to issue order compelling deposition of nonparty expert witness and impose sanctions upon non-compliant party if witness fails to appear where sanctions are reasonable. 		Attorneys 9th Mar. 20, 2018
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