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Byers v. Superior Court
By putting at issue attorney fees they incurred seeking coverage under their insurance policy, plaintiffs waived the attorney-client privilege as to documents supporting their fees claim.
Attorneys 1DCA/5 May 8, 2024
Masimo Corporation v. The Vanderpool Law Firm, Inc.
Law firm's withdrawal from representation did not insulate it from sanctions for its prior discovery misuse.
Attorneys 4DCA/3 May 6, 2024
Douglas Pell v. Amy Nunez
Law student failed to state a cognizable deprivation of rights under federal law because State Bar's action was merely advisory and without legal significance until approved by California Supreme Court.
Attorneys, Civil Procedure 9th May 1, 2024
Edmo v. Corizon, Inc.
Under the Prison Litigation Reform Act, it was inappropriate to include time spent on prisoner's unsuccessful claims in calculation of lodestar amount when awarding attorneys' fees.
Attorneys 9th Apr. 8, 2024
Sundholm v. Hollywood Foreign Press Assn.
Plaintiff's counsel was not disqualified because there was no evidence that his review of privileged draft bylaws resulted in a legal disadvantage for defendant.
Attorneys 2DCA/7 Feb. 29, 2024
People v. Ferenz
Defendant could not replace appointed counsel because she provided adequate representation considering the evidence and charges.
Attorneys 6DCA Feb. 23, 2024
People v. Potter Handy, LLP
Litigation privilege barred district attorneys' unfair competition claims against law firm representing "serial" Americans with Disabilities Act litigants.
Attorneys 1DCA/3 Dec. 12, 2023
Kohn v. State Bar of California
The California State Bar enjoys Eleventh Amendment immunity from suit in federal court.
Attorneys 9th Dec. 7, 2023
Escamilla v. Vannucci
Trial court did not err in granting defendant attorney's anti-SLAPP motion because malicious prosecution claim was time-barred by one-year statute of limitations.
Attorneys 1DCA/1 Nov. 17, 2023
Snoeck v. ExakTime Innovations
Trial court had discretion and did not err in reducing attorney fees because of attorney's incivility.
Attorneys 2DCA/3 Oct. 27, 2023
Doe v. Atkinson
University student who successfully challenged his sexual-violence-based suspension was not entitled to attorney fees for purportedly enforcing an important right affecting the public interest.
Attorneys 1DCA/1 Oct. 23, 2023
Modification: Engel v. Pech
Amended complaint adding partnership as plaintiff did not relate back to timely complaint filed by the principal of the LLP because the plaintiffs had separate claims based on distinct facts.
Attorneys 2DCA/2 Oct. 20, 2023
Hansen v. Volkov
Though counsel's behavior was uncivil, civil harassment restraining order was reversed when counsel's conduct was constitutionally protected activity or failed to evidence severe emotional distress.
Attorneys 2DCA/7 Oct. 5, 2023
Engel v. Pech
Amended complaint adding partnership as plaintiff did not relate back to timely complaint filed by the principal of the LLP because the plaintiffs had separate claims based on distinct facts.
Attorneys 2DCA/2 Oct. 2, 2023
Huffman v. Lindgren
Attorney-litigant's claims that his complaint was merely poorly drafted and was not intended to include federal claims did not justify remand to state court.
Attorneys 9th Sep. 5, 2023
Geringer v. Blue Rider Finance
Lawyer's dual role as advocate-witness was not disqualifying where client gave informed consent and there was no evidence of prejudice to the opposing party or injury to the judicial process.
Attorneys 2DCA/7 Aug. 24, 2023
Aresh v. Marin-Morales
Replacement attorney in employment settlement case could not vacate former attorney's settlement lien because the trial court's factual findings on the lien judgment were presumed valid and he was not a party to the case.
Attorneys 4DCA/3 Jun. 7, 2023
Champlin/GEI Wind Holdings, LLC v. Avery
Sanctions were imposed on appellant and his attorney after they pursued a meritless appeal, where appellant's opposition to summary judgment was both untimely and lacking any supporting evidence.
Attorneys 2DCA/6 Jun. 5, 2023
Perry v. Kia Motors America, Inc.
Appellant's counsel forfeited issue by misrepresenting the trial court's findings to the Court of Appeal and omitting from the submitted record comments that expressly contradicted the misrepresentation.
Attorneys 4DCA/3 May 25, 2023
U.S. v. Williams
District court improperly disqualified the entire Arizona U.S. Attorney's Office from bringing gang charges based on a conflict of interest involving one Assistant U.S. Attorney.
Attorneys 9th May 19, 2023
Estate of Kempton
Probate court had discretion to approve fee payment directly to a third party who was legally entitled to money owed on a judgment lien against estate administrator.
Attorneys 1DCA/4 May 9, 2023
Modification: Gordon v. Ervin Cohen & Jessup LLP
Attorneys could not be liable for malpractice to nonclient third parties in the absence of a clear, certain, and undisputed intent on the part of the client to benefit them.
Attorneys 2DCA/2 Mar. 22, 2023
Padideh v. Moradi
Plaintiff's malicious prosecution claim was barred by the unclean hands doctrine where the lies by omission in her deposition caused the other side to not pursue certain legal actions.
Attorneys 6DCA Mar. 21, 2023
Gordon v. Ervin Cohen & Jessup LLP
Attorneys could not be liable for malpractice to nonclient third parties in the absence of a clear, certain, and undisputed intent on the part of the client to benefit them.
Attorneys 2DCA/2 Feb. 27, 2023
Shiheiber v. JPMorgan Chase Bank
Trial court had authority to impose sanctions under Code of Civil Procedure Section 575.2 for local rule violations.
Attorneys 1DCA/2 Jul. 28, 2022
Lopez v. Lopez
Disqualifying attorney from all phases of litigation under the advocate-witness rule without applying the proper legal standard was an abuse of discretion.
Attorneys 2DCA/4 Jul. 21, 2022
Wang v. Nesse
In a statute-of-limitations dispute, there was a triable issue as to when attorney's representation ended after he sent equivocal emails and signed documents as client's representation.
Attorneys 6DCA Jul. 21, 2022
Victaulic Co. v. American Home Assurance Co.
Attorneys and law firm were not disqualified from representation based on an earlier representation of an insurance group that movants were members of.
Attorneys 1DCA/2 Jun. 29, 2022
In Re Yagman
An attorney could not justify reinstatement to the Ninth Circuit while he was currently disbarred in another jurisdiction that had independent, non-reciprocal disciplinary reasons.
Attorneys 9th Jun. 20, 2022
A.F. v. Jeffrey F.
Attorney representing both mother in prior marital dissolution and child in current domestic violence case did not justify disqualification since father did not present substantial evidence of simultaneous representation.
Attorneys 4DCA/1 Jun. 10, 2022