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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
Attorney fee awarded by arbitrator based on percentage of property value stipulated by agreement between parties is not unconscionable. 		Attorneys Sep. 22, 2010
Center for Biological Diversity v. County of San Bernardino (Hawarden Development Co.)
Remand is necessary for fee award that was arbitrarily reduced, suggesting court did not take complexities of appellate work into consideration. 		Attorneys Sep. 20, 2010
Smith v. Selma Community Hospital
Court must award attorney fees if other party litigated lawsuit in bad faith, which is determined with subjective standard regarding motive for litigating. 		Attorneys Sep. 2, 2010
Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
Attorney fee awarded by arbitrator based on percentage of property value stipulated by agreement between parties is not unconscionable. 		Attorneys Sep. 1, 2010
Sullivan v. State Bar
Disbarment is appropriate where attorney has history of discipline problems and fails to report criminal conviction of moral turpitude to State Bar. 		Attorneys Aug. 16, 2010
Henderson v. Pacific Gas and Electric Co.
Attorney's failure to supervise paralegal, which led to late filing of opposition to summary judgment, does not constitute excusable neglect. 		Attorneys Aug. 6, 2010
Great Lakes Construction Inc. v. Burman
Litigant may not move to disqualify opposing counsel from jointly representing its adversaries based on conflict of interests. 		Attorneys Jul. 28, 2010
County of Santa Clara v. Superior Court (Atlantic Richfield Co.)
Contingent-fee agreements between public entities and private counsel for public nuisance litigation on behalf of government fail neutrality standards. 		Attorneys Jul. 27, 2010
Montgomery v. Superior Court (Knight)
No conflict of interest exists where former client gives written consent allowing attorney to represent subsequent client as opposing party. 		Attorneys Jul. 20, 2010
Lal v. State of California
Attorney’s gross negligence constitutes extraordinary circumstance warranting party’s relief from judgment for failure to prosecute. 		Attorneys Jun. 28, 2010
Astrue v. Ratliff
Attorney fees awards are payable to litigant and are therefore subject to offset to satisfy litigants’ debts to Government. 		Attorneys Jun. 15, 2010
Prison Legal News v. Schwarzenegger
Prevailing party may recover attorney fees under 42 U.S.C. Section 1988 for monitoring state officials’ compliance with parties’ settlement agreement. 		Attorneys Jun. 10, 2010
Ron Burns Construction Co. Inc. v. Moore
Counsel’s reliance on opposing counsel’s oral agreement for extension is excusable neglect to avoid default in failure to file such agreement. 		Attorneys Jun. 9, 2010
Lahiri v. Universal Music and Video Distribution Corp.
Attorney is properly sanctioned for pursuing meritless copyright infringement claim in bad faith, which resulted in excess fees and costs. 		Attorneys Jun. 8, 2010
Laclette v. Galindo
Statute of limitations for malpractice suit against firm is not tolled where no legal services were required during two-year hiatus. 		Attorneys Jun. 4, 2010
Plummer v. Day/Eisenberg LLP
Summary judgment is improper on conversion claim where triable issues existed on whether attorney had immediate right to settlement funds through lien. 		Attorneys May 24, 2010
Lockton v. O'Rourke
Attorney malpractice statute of limitations for state action is not tolled even when attorneys continue to represent plaintiff in similar federal action. 		Attorneys May 23, 2010
Grove v. Wells Fargo Financial California Inc.
District court may award non-taxable expenses within its discretion to award ‘reasonable attorney fees’ under Fair Credit Reporting Act. 		Attorneys May 20, 2010
Simpson Strong-Tie Co. Inc. v. Gore
Cause of action based on law firm’s advertisement about company’s defective product is not exempted from anti-SLAPP. 		Attorneys May 17, 2010
Laclette v. Galindo
Statute of limitations for malpractice suit against firm is not tolled where no legal services were required during two-year hiatus. 		Attorneys May 17, 2010
Porter v. Wyner
Communications between attorney and client during mediation are not protected by mediation confidentiality and are thus admissible. 		Attorneys May 12, 2010
Ron Burns Construction Co. Inc. v. Moore
Counsel’s reliance on opposing counsel’s oral agreement for extension is excusable neglect to avoid default in failure to file such agreement. 		Attorneys May 12, 2010
Hernandez v. Tanninen
Disclosure of attorney’s communications with client and notes relating to defendant does not constitute blanket waiver of attorney-client and work product privileges. 		Attorneys May 12, 2010
Gutierrez v. G & M Oil Co. Inc.
Code of Civil Procedure Section 473 allows mandatory relief from default judgment to apply to in-house counsel. 		Attorneys May 11, 2010
Kirk v. First American Title Insurance Co.
Law firm is not automatically vicariously disqualified from conflict of interest of one attorney and may rebut disqualification with proper ethical screening. 		Attorneys May 10, 2010
Rouse v. Law Offices of Rory Clark
Fair Debt Collection Practices Act requires finding of bad faith and harassment on plaintiff’s part for costs to be awarded to defendant. 		Attorneys May 4, 2010
Plummer v. Day/Eisenberg LLP
Summary judgment is improper on conversion claim where triable issues existed on whether attorney had immediate right to settlement funds through lien. 		Attorneys Apr. 28, 2010
Perdue v. Kenny A.
Calculation of attorney fees based on lodestar method may be increased due to superior performance where lodestar does not adequately consider factors. 		Attorneys Apr. 22, 2010
Porter v. Wyner
Communications between attorney and client during mediation are not protected by mediation confidentiality and are thus admissible. 		Attorneys Apr. 12, 2010
Kirk v. First American Title Insurance Co.
Law firm is not automatically vicariously disqualified from conflict of interest of one attorney and may rebut disqualification with proper ethical screening. 		Attorneys Apr. 9, 2010
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