Los Angeles County Board of Supervisors ordinance No. 2010-0059, enacted November 23, 2010, prohibits retailers from giving out plastic bags; however, the may provide recyclable paper carryout bags for which they must make a 10 cent charge. A group sued claiming this is a tax. Held: Because the 10 Cent charge is kept by the retailers, it is not a tax.

Plaintiff sued for prescriptive easement over neighboring property. Defendant raised affirmative defense based on contract that contained an attorney's fees provision. When Defendant prevailed, the court awarded defendant attorney's fees against Plaintiff. Court of Appeals affirmed: For defendant's affirmative defense the court had to interpret the contract so the attorney's fees provision in "an action to interpret" the contract was applicable.

Estate Planning: Lessons Learned From Lakers Owner Jerry Buss Jerry Buss died in February 2013 at age 80 from kidney failure after a battle with cancer. Buss is best known as the owner of one of America's most high profile and successful sports franchises winning 10 NBA championships with the Los Angeles Lakers. Buss There are many estate planning lessons that can be learned from Jerry Buss.

Plaintiff claimed she is in the "business of adverse possession." Plaintiff recorded a fake quitclaim deed with the County Records, in which plaintiff changed the tax billing address to his own address and commenced paying the taxes. Plaintiff also placed no trespassing signs on the property. The court found that changing the address to an address where owners could not reach was deceitful, and hence, could be used as an affirmative defense to the quiet title action.

Drug Injury Watch: Should Merck Have Known And Warned About Fosamax Side Effects Involving The Jaw And Femur Bone Problems Starting When This Drug Was First Put On Market In 1995 Intriguing New Medical/Chemical Journal Article Contends That Medicinal Chemists Or Pharmacologists At The Drug Company Could Have Anticipated Bisphosphonate-Related ONJ And Femur Fracture Cases http://www.drug-injury.com/druginjurycom/2013/02/actonel-boniva-fosamax-femur-fractures-bisphosphonates-related-osteonecrosis-jaw-onj.html

Plaintiff refinanced his home. The transaction went through an escrow in which a $75 fee was charged to notarized two documents. Plaintiff brought a class-action suit arguing Government Code section 8211 allows notary to charge $10 per signature for “taking an acknowledgment,” so the $75 fee was excessive. Trial court granted summary judgment in favor of the notary. The California Court of Appeal for the Fifth District affirmed: Since the notary provided other service (e.g. travelling, answering questions) the notary could charge more than $10 per signature.

Rule 8.278 of the California Rules of Court allows award of costs to the "prevailing party" if Court opinion and remittitur make a notation to that effect. The person seeking costs must, within 40 days from remittitur, file a Memorandum of Costs pursuant to Rule 3.1700.

Here is a sample motion to fix attorney's fees and costs on appeal. California Code of Civil Procedure section 685.070(a)(6) allows a judgment creditor to recover attorney's fees for enforcement of judgment, if allowed by Section 685.040. Section 685.040, in turn, allows recovery of attorney's fees if "the underlying judgment included an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5."

Here is a sample notice of motion for setting attorney's fees on appeal.

Drug Injury Watch: Pradaxa: February 2013 Update: Federal Court MDL Litigation Now Involves About 200 Lawsuits This Number Of Pradaxa Cases Is About Ten Times What It Was When The Pradaxa MDL Was Created And Assigned To Judge Herndon In August 2012 http://www.drug-injury.com/druginjurycom/2013/01/pradaxa-mdl-federal-court-litigation-consolidation-judge-herndon-lawsuits-number-cases-filed-to-date.html