ATTORNEY FEES: $532,662.35 fees & costs awarded 3rd-party Defendant flooring subcontractor and against Defendants/Counterclaimants contractor, realtors, and their joint counsel in convoluted litigation over hardwood flooring finish… subpoena for discovery as to whether fees or costs were paid by insurer denied as irrelevant to reasonableness… motion for relief from sanctions denied… Larson. [Read more…]
Sanctions, frivolous/vexatious, counsel & clients
SANCTIONS: Court’s “clarification of application of order” finding counsel and clients in defective flooring case liable for sanctions for frivolous/vexatious conduct provided for new counsel… Larson. [Read more…]
Defendant threatened suicide if had to be deposed again
SUPERVISORY CONTROL of Dayton to terminate deposition of deponent who threatened suicide if he had to endure a 3rd deposition denied… order. [Read more…]
Discovery sanctions against counsel, business partners
DISCOVERY SANCTIONS: 3rd-Party Plaintiff’s counsel and business partners liable for sanctions awarded against “insolvent” 3rd-Party Plaintiff… Larson. [Read more…]
Abuse of process/vexatious litigant, suspended attorney
ABUSE OF PROCESS/VEXATIOUS LITIGANT: Abuse of process claims against debt collection attorney and others properly rejected on summary judgment without hearing… suspended attorney properly declared vexatious litigant and sanctioned with District pre-filing order, extended statewide… Menahan affirmed (memorandum). [Read more…]
Indemnification, home contractor, flooring subcontractor
INDEMNIFICATION not allowed by Defendant home contractor against flooring subcontractor who is not liable to Plaintiffs who never purchased the home in hardwood flooring case… Larson. [Read more…]
Easement, in gross v. appurtenant
EASEMENT improperly found in gross rather than appurtenant, injunctive relief for Plaintiff improperly denied… Dayton reversed. [Read more…]
Bench judgment, LLC dissolution, laches
BENCH JUDGMENT: Claim by son for more than default equal share of LLC and commercial property sale proceeds rejected for failure of proof as to contributions and for bringing claim after death of key figure father in “classic case of laches”… Defendants similarly prevented from claiming more than default share… Halligan. [Read more…]
Construction lien, shared road/sidewalk costs
CONSTRUCTION LIEN: Subdivision owners liable to School District for disputed $43,716 in addition to $240,325 paid for shared road/sidewalk, plus $25,106 interest, $18,228 fees… Larson. [Read more…]
$15,264 verdict, house remodel contract
HOUSE REMODEL CONTRACT: $15,264.04, breach of contract/lien foreclosure. [Read more…]