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Wade v. Kijakazi
Appellants who proceed in forma pauperis cannot tax printing costs against the Commissioner of Social Security.
Remedies 9th Sep. 27, 2021
Modification: Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations.
Remedies 2DCA/8 Aug. 18, 2021
Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations.
Remedies 2DCA/8 Aug. 13, 2021
Khosravan v. Chevron Corp.
Code of Civil Procedure Section 998 offer requiring plaintiff to indemnify defendant against claims by third parties would be less favorable than jury's award and difficult to quantify.
Remedies 2DCA/7 Jul. 8, 2021
Modification: Gateway Bank, F.S.B. v. Metaxas
Any decision to mitigate damages under special benefit doctrine is to the extent that it equitable; thus, defendant's conduct dictated against exercise of equitable discretion in her favor.
Remedies 1DCA/2 Jun. 29, 2021
Lee v. Luxottica Retail North America, Inc.
Compensation for expected but unearned future income to which plaintiff has no legal entitlement is not recoverable as restitution under Unfair Competition Law.
Remedies 1DCA/2 Jun. 21, 2021
Modification: Phipps v. Copeland Corporation
Defendant did not meet its burden of establishing its percentage of comparative fault could not be as large as 60 percent.
Remedies 2DCA/7 Jun. 11, 2021
Wong v. Flynn-Kerper
Defensive use of equitable estoppel is barred when estopping plaintiff would contradict Employee Retirement Income Security Act plan's express terms.
Remedies 9th Jun. 8, 2021
Gateway Bank, F.S.B. v. Metaxas
Any decision to mitigate damages under special benefit doctrine is to the extent that it equitable; thus, defendant's conduct dictated against exercise of equitable discretion in her favor.
Remedies 1DCA/2 Jun. 7, 2021
Briseno v. Henderson
Under Federal Rule of Civil Procedure 23(e), courts must apply heightened scrutiny to post-class certification settlements in assessing whether division of funds between class members and counsel was fair and adequate.
Remedies 9th Jun. 2, 2021
Modification: Felczer v. Apple
Postjudgment interest on award of prejudgment costs begins to run on date of judgment or order that establishes right of party to recover particular cost item, even if dollar amount hasn't been determined.
Remedies 4DCA/1 May 26, 2021
Los Angeles Unified School Dist. v. Superior Court (Jane Doe)
Treble damages under Code of Civil Procedure Section 340.1 is primarily punitive and prohibited against public entity under Government Code Section 818.
Remedies 2DCA/3 May 25, 2021
Phipps v. Copeland Corporation
Defendant did not meet its burden of establishing its percentage of comparative fault could not be as large as 60 percent.
Remedies 2DCA/7 May 20, 2021
Assn. for Los Angeles Deputy Sheriffs v. Macias
Association has standing to seek monetary damages on behalf of its members if every member was affected and association has representational responsibility.
Remedies 2DCA/8 May 6, 2021
Martinez v. Rite Aid Corporation
In plaintiff's wrongful termination action, post-termination earnings should have been deducted from her past economic loss award.
Remedies 2DCA/7 May 5, 2021
Felczer v. Apple
Postjudgment interest on award of prejudgment costs begins to run on date of judgment or order that establishes right of party to recover particular cost item, even if dollar amount hasn't been determined.
Remedies 4DCA/1 Apr. 27, 2021
Crayton v. FCA US LLC
Residual value of leased vehicle was not included in plaintiff's restitution because lease did not require plaintiff to acquire title to vehicle; thus, residual value was not 'actual price payable' by plaintiff.
Remedies 2DCA/5 Apr. 26, 2021
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