Litigation
Jan. 24, 2017
Lack of SMJ won't preclude a fee award
The California Supreme Court recently held that a court which lacks subject matter jurisdiction over a dispute may still award attorney fees to the defendant. By Sarah Hofstadter
Sarah Hofstadter
Of Counsel
California Appellate Law Group LLP
96 Jessie Street
San Francisco , California 94105
Phone: (415) 649-6700
Email: sarah@calapplaw.com
Stanford Univ Law School
Sarah Hofstadter is of counsel with the California Appellate Law Group LLP, an appellate boutique based in San Francisco. She spent more than a dozen years as a research and staff attorney for jurists on the California Courts of Appeal and the 9th Circuit. Find out more about Sarah and the California Appellate Law Group LLP at www.calapplaw.com
APPELLATE ZEALOTS
When a state court lacks subject matter jurisdiction over a case, can it still award attorney fees to the defendant? In Barry v. State Bar of California, 2017 DJDAR 83 (Jan. 5, 2017), the California Supreme Court concluded that the answer to this question is yes.
Attorney Patricia Barry's history of troubles with the State Bar is detailed in an unpu...
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