Featured Articles

$55.1 Million Sought In Attorneys' Fees for 5 Months of Work.

John Pierce
May 15, 2009 00:11

On April 13, 2009, the law firm of Weil, Gotchal & Manges filed an application for legal fees in the Lehman Brothers bankruptcy case seeking a total of $55.1 million for professional services rendered over the 5 month and 15 day period from September 15, 2008, through January 31,...

Recent Articles

Earliest Reasonable Offer Governs Cost Recovery Under Code of Civil Procedure Section 998

March 20, 2012 17:59

In Martinez v. Brownco Construction Co., 2012 DJDAR 1950 (2012), the California Court of Appeal for the Second Appellate District clarified an important issue under the offer of judgment statute, California Code of Civil Procedure (“CCP”) Section 998. The plaintiff suffered...

Nonpayment of Arbitration Fees Dooms Arbitral Award

March 19, 2012 18:47

In Cinel v. Christopher, 2012 DJDAR 2171 (2012), the Second District California Court of Appeal reviewed an order rendered by the trial court denying a petition to confirm an arbitration award. A Brazilian citizen (the “investor”) purchased a large number of shares of stock from a...

Court is Entitled to Render Equitable Apportionment of Attorney Fees in Partition Action

March 08, 2012 17:13

In Lin v. Jeng, 2012 DJDAR 2498 (2012), the California Court of Appeal for the Second Appellate District rendered a fee award based on equitable principles in a partition action involving a real estate dispute between family members. The plaintiffs filed a partition action against other family...

Counsel's Mistaken Decision Constituted Good Cause to Extend the Deadline for Filing of a Fee Petition

February 28, 2012 19:31

In Lewow v. Surfside III Condominium Owners’ Assn. Inc., 2012 DJDAR 1445 (2012), the California Court of Appeal for the Second Appellate District decided a novel case dealing with the interplay between a fee award entered under California’s “common interest...

Fee Award Rendered Against Prisoner for Maintaining Frivolous Litigation is Not Subject to Discharge Under the Federal Bankruptcy Code

February 09, 2012 20:40

In Searcy v. ADA County, 2012 DJDAR 1099 (BAP 2012), the Bankruptcy Appellate Panel (the “BAP”) for the Ninth Circuit decided whether a fee award rendered against a prisoner under Idaho State law was a dischargeable debt under the Federal Bankruptcy Code. The court concluded it was...

California Civil Code Section 1717 Provides for Mutuality of Remedy in Favor of a Third Party Beneficiary

February 01, 2012 00:40

In Cargill Inc. v. Souza, 2011 DJDAR 17680 (2011), the California Court of Appeal for the Fifth Appellate District decided a novel case relating to the attempt by a litigant’s attempt to enforce a fee clause in a contract against a purported third party beneficiary of the agreement. The...

Party Who Pursues Litigation to Enforce CC&Rs Needs to "Get Ducks in a Row" Prior to Suing

January 18, 2012 18:59

In Salehi v. Surfside III Condominium Owners’ Association, 2011 DJDAR 16552 (2011), the California Court of Appeal for the Second Appellate District decided a case illustrating the pitfalls of a plaintiff pursuing litigation without a strategic game plan. The end result was a fee...

"Of Counsel" Title Does Not Automatically Bar Claim for Attorney Fees

January 17, 2012 23:36

In Dzwonkowski v. Spinella, 2011 DJDAR 16427 (2011), the California Court of Appeal for the Fourth Appellate District decided an appeal relating to an award of attorney fees arising out of fee arbitration. A client retained a law firm for representation in a probate matter. Another attorney...

Finding of Implied Waiver of Fees Contained in Marital Settlement Agreement Trumps Fee Claims

January 12, 2012 22:11

In Marriage of Guilardi, 2011 DJDAR 16245 (2011), the California Court of Appeal for the Sixth Appellate District decided a fee petition related to so?called pendente lite attorney fees. The fees were generated from the efforts of a party to set aside a marital settlement agreement...