David J. McMahon

David J. McMahon

Barger & Wolen

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Is an independent lawsuit required to fix amount of attorney's fee lien?

In Mojtahedi v. Vargas the California Court of Appeal for the Second Appellate District decided a unique issue pertaining to the procedure for enforcing an attorney fees lien against the attorney who is hired to replace the...more

9/4/2014 - Attorney's Fees Liens

Court decides when statute of limitations for "wrongful act or omission" against counsel begins

In Lee v. Hanley the California Court of Appeal for the Fourth District decided an issue concerning the interpretation of the one-year statute of limitations relating to allegations of wrongdoing in the performance of...more

8/13/2014 - Attorney Malpractice Statute of Limitations

Timing of judgment creditor's entitled fee petition key to enforcement

In Conservatorship of McQueen the California Supreme Court decided a unique issue concerning the interpretation of Code of Civil Procedure Section 685.040. Under that statute, a judgment creditor is entitled to the reasonable...more

8/11/2014 - Attorney's Fees Creditors Enforcement Rules of Civil Procedure

Trial Court's Calculation of Lodestar Is Affirmed

In Syers Properties III, Inc. v. Rankin the California Court of Appeal for the First Appellate District affirmed the trial court’s grant of an award of attorney fees. The appellant contended that the trial court should not...more

7/23/2014 - Appeals Attorney's Fees Complex Litigation

Reasonable attorney fees did not include underlying administrative hearing process against Social Services, court determines

In K.I. v. Wagner, 2014 DJDAR 5546 (2014), the California Court of Appeal for the Fourth Appellate District granted partial attorney fees in a social security proceeding. An attorney represented a minor who was disabled by...more

6/2/2014 - Administrative Hearings Appeals Attorney's Fees Minors Social Security Social Security Benefits

Settlement Agreement Silent On "Costs" Leads To Prevailing Party Award

In deSaulles v. Community Hospital of the Monterey Peninsula, 2014 DJDAR 5571 (2014), the California Court of Appeal for the Sixth Appellate District decided that a prevailing party was entitled to costs, despite the fact...more

5/20/2014 - Appeals Hospitals Judicial Settlement Agreements Litigation Fees & Costs Prevailing Party

Is the Claimant entitled to attorney fees when the government asserts an unreasonable position?

In Tobeler v. Colvin, 2014 DJDAR 4845 (2014), the United States Court of Appeal for the Ninth Circuit overturned the trial court’s decision rejecting a claim for attorney fees. ...more

5/12/2014 - Administrative Appeals Appeals Attorney's Fees Equal Access to Justice Act Social Security Disability

Technical Rejection of Fee Claim Is Overruled By Court of Appeal

In Marriage of Sharples, 2014 DJDAR 823 (2014), the California Court of Appeal for the Fourth Appellate District overturned the outright rejection of a request for fees by the trial court. The judge rejected the fee claim on...more

4/29/2014 - Appeals Attorney's Fees Divorce

Attorney Litigants May Not Recover Attorney Fees When They Represent Themselves

In Soni v. Wellmike Enterprise Co. Ltd., 2014 DJDAR 3828 (2014), the California Court of Appeal for the Second Appellate District affirmed a well established principle under California law. Law firms and attorney litigants...more

4/29/2014 - Attorney's Fees Pro Se Litigants

Attorney fees properly discharged under bankruptcy law in family law matter

In Bendetti v. Gunness, 2014 DJDAR 623 (2014), the US Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit Court of Appeals affirmed the bankruptcy court’s decision. The bankruptcy court ruled that an attorney fee award...more

4/17/2014 - Attorney's Fees Consumer Bankruptcy Divorce Fraud

Trial Court Fails To Adequately Explain Basis for Cuts. Reduction in Fee Award Reversed.

In Carter v. Caleb Brett LLC, 2014 DJDAR 1412 (2014), the US Court of Appeal for the Ninth Circuit reversed a decision of the district court, making a significant reduction in a fee award. The Ninth Circuit ruled that the...more

4/16/2014 - Attorney's Fees

Can lawyers contractually agree to preclude a court from reviewing an arbitration award?

In Burton v. Class Counsel, 2013 DJDAR 16253 (2013), the Ninth Circuit Court of Appeal decided a unique case under the Federal Arbitration Act (FAA). The court decided the issue of whether lawyers can contractually agree to...more

3/12/2014 - Arbitration Arbitration Awards Attorney's Fees Complex Litigation Federal Arbitration Act

Are "pro hac vice" counsel entitled to recover costs?

In Kalitta Air LLC v. Central Texas Airborne System Inc., 2013 DJDAR 16393 (2013), the Ninth Circuit Court of Appeals decided a unique issue which other federal circuits have reached different conclusions on. The main issue...more

3/11/2014 - Legal Costs Litigation Fees & Costs Pro Hac Vice

Third Party is Liable For Attorney Fees to Party Damaged by Fraudulent Conveyance

In Cardinale v. Miller, 2014 DJDAR 252 (2014), the California Court of Appeal for the First Appellate District decided a unique civil procedure issue arising out of an attorney fee award to a judgment creditor. The court...more

3/6/2014 - Attorney's Fees Fraud Fraudulent Conveyance Third-Party Liability

Attorney Fees Are Not Proper Where Plaintiff Dismisses Claims for Unlawful Debt Collection Practices

In Tourgeman v. Nelson & Kennard, 2014 DJDAR 587 (2014), the California Court of Appeal for the Fourth Appellate District decided an interesting collection case which resulted in an attorney fee award. The Court of Appeal...more

3/5/2014 - Attorney's Fees Debt Debt Collection

Standing in the shoes of a third party? Plan to pay the attorney fees.

In Apex LLC v. Korusfood.com, 2014 DJDAR 248 (2014), the California Court of Appeal for the Fourth Appellate District affirmed an attorney fee award rendered by the trial court. The court of appeal concluded that a third...more

2/13/2014 - Attorney's Fees Contractors Third-Party Liability

Plaintiff Entitled To Appeal Fee Award Despite Bankruptcy Court Plan Confirmation

In Edwards v. Broadwater Casitas Care Center, 2013 DJDAR 15911 (2013), the California Court of Appeal for the Second Appellate District decided an interesting case involving the interplay of a petition for attorney fees...more

2/13/2014 - Arbitration Attorney's Fees Bankruptcy Code Commercial Bankruptcy

A technical variance in a "998 offer" can preclude an award of costs

In Rouland v. Pacific Specialty Insurance Co. the California Court of Appeal for the Fourth Appellate District decided an interesting case under California’s cost shifting provision, Code of Civil Procedure Section 998....more

1/20/2014 - Breach of Contract Cost-Shifting Variances

Contract dispute leads to award of attorney fees

In Eden Township Healthcare District v. Eden Medical Center the California Court of Appeal for the First Appellate District decided a dispute giving rise to an attorney fee award pursuant to California Civil Code Section...more

1/20/2014 - Attorney's Fees Breach of Contract Hospitals

Attorney Fees Are Properly Granted Where School District Improperly Withholds Documents

In Garcia v. Bellflower Unified School District the California Court of Appeal for the Second Appellate District decided an interesting attorney fee claim arising under the California Public Records Act (“the Act”)....more

1/14/2014 - Attorney's Fees Document Productions Request For Information

"Prevailing party" is not limited to successful litigants. Attorney fees awarded in settlement.

In Medical Protective Co. v. Pang, 2013 DJDAR 14233 (2013), the United States Court of Appeal for the Ninth Circuit decided a fee case under Arizona Revised Statute Section 12-341.01. The statute allows fee awards in cases...more

1/13/2014 - Attorney's Fees Breach of Contract Settlement

Victory on Permit Conditions Does Not Justify Fee Award

In Norberg v. California Coastal Commission the California Court of Appeal for the Fourth Appellate District decided a unique case arising from a permit dispute with the California Coastal Commission (“the Commission”)....more

1/9/2014 - Attorney's Fees Construction Permits Erosion Private Property Property Owners

Sanctions for Retaining Non Admitted Co Counsel Are Not Proper

In Marriage of Bianco, the California Court of Appeal for the Fourth Appellate District overturned a sanctions award of attorney fees. The award was rendered in a family law dispute....more

1/7/2014 - Attorney's Fees Sanctions

Companies Increasingly Look To Captive Insurance

Companies seeking an alternative to traditional risk management approaches are increasingly turning to the captive insurance market, especially for recurring and foreseeable losses. As most commonly understood, the...more

11/26/2013 - Captive Insurance Company Corporate Counsel Employer Liability Issues Risk Assessment Risk Management

Legitimate "Newco" Is Entitled To Partial Fee Award

In Brown Bark III LP v. Haver, 2013 DJDAR 12439 (2013), the California Court of Appeal for the Fourth Appellate District decided an interesting fee case arising in the commercial litigation context....more

11/4/2013 - Attorney's Fees Contract Drafting Debt Void and Unenforceable

61 Results
|
View per page
Page: of 3