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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
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