Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B277493
|
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 |
|
F. Rothschild | Oct. 4, 2018 |
E068282
|
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 |
|
D. Miller | Oct. 2, 2018 |
A146282
|
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 |
|
P. Siggins | Oct. 2, 2018 |
D073436
|
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 |
|
R. Huffman | Oct. 1, 2018 |
B283239
|
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 |
|
A. Gilbert | Sep. 6, 2018 |
S232946
|
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 |
|
L. Kruger | Aug. 31, 2018 |
G055469
|
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 |
|
W. Bedsworth | Jul. 26, 2018 |
C081957
|
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 |
|
A. Hoch | Jul. 9, 2018 |
D072577
|
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 |
|
T. O'Rourke | Jun. 28, 2018 |
16-55024
|
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 |
|
M. Smith | Jun. 22, 2018 |
16-56188
|
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 |
|
P. Curiam (9th Cir.) | Jun. 8, 2018 |
D072577
|
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 |
|
T. O'Rourke | Jun. 4, 2018 |
A153981
|
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 |
|
E. Schulman | May 1, 2018 |
D072632
|
People v. Arredondo et al.
Prosecutor repeatedly referring to defendants as cockroaches amounts to misconduct, requires reversal of jury's gang findings. |
Attorneys |
|
P. Benke | Mar. 21, 2018 |
15-56389
|
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 |
|
J. Nguyen | Mar. 20, 2018 |
Opinion |
Attorneys |
|
Mar. 19, 2018 | ||
S236208
|
Heller Ehrman LLP v. Davis Wright Tremaine LLP
Dissolved law firm maintains no property interest in legal matters handled on hourly basis at time of firm's dissolution. |
Attorneys |
|
M. Cuéllar | Mar. 6, 2018 |
G054981
|
California Self-Insurers' Security Fund v. Superior Court (Orange)
Petition granted where court must look to whether brief tenure of attorney at plaintiff firm merits disqualification where he previously represented defendants. |
Attorneys |
|
E. Moore | Jan. 30, 2018 |
E067000
|
People v. Lucero
A trial court is not required to conduct a 'Marsden' hearing to relieve ineffective counsel on its own motion. |
Attorneys |
|
M. Ramirez | Dec. 18, 2017 |
14-16922
|
Morrill v. Scott Financial Corporation
Court lacks personal jurisdiction over defendant where conduct is not directed toward forum state. |
Attorneys |
|
J. Kronstadt | Oct. 24, 2017 |
G053563
|
Lynn v. George
‘Potential’ attorney-client relationship with ‘alleged’ partnership is insufficient to disqualify attorney as counsel. |
Attorneys |
|
R. Fybel | Sep. 25, 2017 |
D070484
|
Roth v. Plikaytis
Failure to consider litigant’s previously filed supported documents incorporated by reference in attorney fee motion results in remand for recalculation of award. |
Attorneys |
|
W. Dato | Sep. 14, 2017 |
G054078
|
Beachcomber Management Crystal Cove v. Superior Court
Successive representation rules generally do not bar attorney from continuing to represent insider of closely held company in a derivative lawsuit pursuant to ‘Forrest v. Baeza.’ |
Attorneys |
|
R. Aronson | Aug. 1, 2017 |
14-35373
|
Decker v. Berryhill
Social Security claimant's application for attorney fees properly denied, where Commissioner's position in opposing remand is substantially justified under Equal Access to Justice Act. |
Attorneys |
|
May 10, 2017 | |
14-35164
|
Gardner v. Berryhill
Commissioner of Social Security position that ALJ correctly determined case based on 'interim' report not justified, as district court was required to consider 'final' report's bearing on whole case. |
Attorneys |
|
May 10, 2017 | |
D070006
|
Save Our Heritage Organisation v. City of San Diego (Plaza de Panama Committee)
City project proponent cannot win attorney fees despite prevailing on appeal, as opposing party did not seek to 'adversely affect public interest' in challenging revitalization of San Diego's Balboa Park. |
Attorneys |
|
Apr. 28, 2017 | |
14-17366
|
Weeden v. Johnson
Attorney's failure to pursue psychological testing for minor client accused of felony murder constitutes ineffective assistance of counsel, as not pursuing testing is not a 'trial strategy.' |
Attorneys |
|
Apr. 24, 2017 | |
B266060
|
Broadway Victoria LLC v. Norminton, Wiita & Fuster
Grant of nonsuit proper, where claim for breach of fiduciary duty duplicative of claim for professional negligence. |
Attorneys |
|
Apr. 21, 2017 | |
G053623
|
McDermott Will & Emery LLP v. Superior Court (Hausman)
Disqualification of law firm appropriate following firm's violation of ethical obligations regarding use of inadvertently disclosed privileged email. |
Attorneys |
|
Apr. 20, 2017 | |
15-1406
|
Goodyear Tire v. Haeger
Award of attorney's fees is abuse of discretion as district court failed to make 'causal connection' between party's failure to comply with discovery requests and legal costs. |
Attorneys |
|
Apr. 19, 2017 |