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Seachris v. Brady-Hamilton Stevedore Company
An administrative law judge's determination of attorney's fees must be supported by substantial evidence.
Remedies 9th Apr. 20, 2021
Poulsen v. Dept. of Defense
Complainant need not show causal connection between Freedom of Information Act lawsuit and government's changed position to show he 'substantially prevailed' for purposes of attorneys' fees.
Remedies 9th Apr. 19, 2021
Rubio v. CIA Wheel Group
Given medium-high level of defendant's reprehensibility, and unusual situation where plaintiffs could not recover for decedent's emotional distress, punitive damages amount was constitutionally permissible.
Remedies 2DCA/8 Apr. 16, 2021
People v. Clapp
As direct victims of defendant's fraud, governmental agencies were entitled to restitution for investigative costs incurred in effort to recoup money defendant fraudulently obtained.
Remedies 3DCA Apr. 7, 2021
Crayton v. FCA US LLC
Plaintiff not entitled to restitution based on residual value of leased vehicle in award under Song-Beverly Consumer Warranty Act because that amount was not part of actual price payable by plaintiff.
Remedies 2DCA/5 Apr. 1, 2021
Modification: Karton v. Ari Design & Construction
Trial court erred in exempting a surety from liability for an award of attorney's fees because the liability of the surety is commensurate with the liability of its principal.
Remedies 2DCA/8 Mar. 31, 2021
Karton v. Ari Design & Construction
Trial court erred in exempting a surety from liability for an award of attorney's fees because the liability of the surety is commensurate with the liability of its principal.
Remedies 2DCA/8 Mar. 11, 2021
Yoon v. CAM IX Trust
Defendants were entitled to attorney's fees under Civil Code Section 1717 because plaintiff's suit against defendants directly related to enforcement of the note and deed of trust.
Remedies 2DCA/8 Feb. 2, 2021
Chu v. Old Republic Home Protection Company, Inc.
Home protection contract is not sufficiently analogous to insurance to support imposition of tort liability despite its inclusion in Insurance Code for regulatory purposes.
Remedies 2DCA/5 Feb. 2, 2021
People v. Kelly
Trial court properly awarded restitution under Penal Code Section 1202.4(f)(3) to victims for attorney fees and costs they incurred as a result of defendant's conduct.
Remedies 2DCA/6 Jan. 22, 2021
Vincent v. Sonkey
Trial court erred by denying attorney fees for plaintiff's successful post-judgment efforts to respond to and defeat defendant's motions to vacate default judgment.
Remedies 2DCA/6 Dec. 31, 2020
Russell v. Man
Treble damages under Civil Code Section 3346 was reduced to single damages because there was no intentional crossing of boundary lines into land of another to injure timber.
Remedies 4DCA/2 Dec. 15, 2020
Tanzin v. Tanvir
Supreme Court ruling permits obtaining money damages against federal officials in their individual capacities for Religious Freedom Restoration Act violations.
Remedies USSC Dec. 11, 2020
Center for Healthcare Education and Research v. International Congress for Joint Reconstruction
Principals seeking disgorgement of fiduciary's wrongful gains are not required to prove economic damages from the breach to recover.
Remedies 4DCA/1 Dec. 2, 2020
Cruz v. Fusion Buffet, Inc.
Trial court did not abuse its discretion in awarding plaintiff some portion of her attorney fees even though she ultimately recovered less than the limited jurisdiction amount.
Remedies 4DCA/1 Nov. 11, 2020
Niedermeier v. FCA US LLC
Plaintiff's restitution award under Song-Beverly Consumer Warranty Act was reduced to account for credit plaintiff received towards purchase price of new vehicle when she traded in her defective vehicle.
Remedies 2DCA/1 Nov. 3, 2020
Santana v. FCA US, LLC
There was no evidence defendant was aware of vehicle's defect until after plaintiff purchased his vehicle, and thus no evidence that defendant concealed it.
Remedies 4DCA/3 Oct. 27, 2020
Burchell v. Faculty Physicians and Surgeons of the Loma Linda University School of Medicine
Because plaintiff's Code of Civil Procedure Section 998 offer was invalid, trial court's award of expert witness fees and prejudgment interest on the basis of that offer was reversed.
Remedies 4DCA/2 Sep. 14, 2020
Modification: King v. U.S. Bank National Assn.
Plaintiff's award for damages was reinstated because trial court's order failed to specify its reasons for granting defendant's motion for new trial for excessive damages.
Remedies 3DCA Aug. 26, 2020
Skinner v. Ken's Foods, Inc.
Trial court properly awarded respondents catalyst fee award because respondents were successful parties under Code of Civil Procedure Section 1021.5.
Remedies 2DCA/6 Aug. 25, 2020
Amended Opinion: Sonner v. Premier Nutrition Corp.
State law cannot circumscribe federal court's equitable powers even when state law affords the rule of decision.
Remedies 9th Aug. 21, 2020
Modification: Johnson v. Monsanto Co.
Plaintiff was entitled to future noneconomic damages measured by reasonable and realistic life expectancy, not life expectancy based on hope that he might miraculously live for dozens of more years.
Remedies 1DCA/1 Aug. 19, 2020
Graylee v. Castro
Liquidated damages clause is unenforceable 'if it bears no reasonable relationship to the range of actual damages the parties anticipated would flow from a breach.'
Remedies 4DCA/3 Aug. 6, 2020
King v. U.S. Bank National Assn.
Plaintiff's award for damages was reinstated because trial court's order failed to specify its reasons for granting defendant's motion for new trial for excessive damages.
Remedies 3DCA Jul. 29, 2020
Modification: Universal Home Improvement, Inc. v. Robertson
Parties responding to Requests for Admissions may avoid shifting costs and expenses by establishing reasonable basis for potential success at trial.
Remedies 1DCA/2 Jul. 23, 2020
Johnson v. Monsanto Co.
Plaintiff was entitled to future noneconomic damages measured by reasonable and realistic life expectancy, not life expectancy based on hope that he might miraculously live for dozens of more years.
Remedies 1DCA/1 Jul. 22, 2020
Universal Home Improvement, Inc. v. Robertson
Parties responding to Requests for Admissions may avoid shifting costs and expenses by establishing reasonable basis for potential success at trial.
Remedies 1DCA/2 Jun. 29, 2020
Abbott Laboratories v. Superior Court (People)
District attorneys may, in properly pleaded cases, seek remedies for UCL violations occurring within or outside their counties' borders.
Remedies CASC Jun. 26, 2020
Sonner v. Premier Nutrition Corp.
State law cannot circumscribe federal court's equitable powers even when state law affords the rule of decision.
Remedies 9th Jun. 18, 2020
Betancourt v. OS Restaurant Services, LLC
Plaintiff was not entitled to attorney fees because her claims were based solely on nonprovision of meal or rest periods.
Remedies 2DCA/8 May 26, 2020