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David J. McMahon

David J. McMahon

Barger & Wolen


Latest Posts › Attorney's Fees

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Last Minute Amendment By Counsel To Augment Fee Claim Rejected By Court

In Duchrow v. Forrest, 2013 DJAR 5534 (2013) the California Court of Appeal for the Second Appellate District decided a unique fee claim arising in a procedural context. ...more

5/16/2013 - Amended Complaints Attorney's Fees Fees

Startups - Deferred Payment Models for Legal Fees

In our “Startup Blog” series, How to Select New Counsel and Manage Legal Fees, we have been discussing the early stages of how to hire a lawyer for your startup. You should be aware that there are different payment methods...more

3/8/2013 - Attorney's Fees Deferred Payment Models Model Rules of Professional Conduct Startups

Hiring Legal Counsel & Initial Litigation Management for Startups

This is a follow up in our series, How to Select New Counsel and Manage Legal Fees, related to litigation management for startup companies to help ease the frustration and confusion of hiring and managing legal counsel for...more

3/6/2013 - Attorney's Fees Hiring & Firing Startups

Judicial Economy Implications: Ninth Circuit Sends District Judges Back To School On Calculation Of Attorney Fee Awards

My partner, Gary Bresee, recently blogged on the recent Ninth Circuit decision in Padgett v. Loventhal, 2013 DAR 1933 (2013). As Gary noted, in that case, the US Court of Appeals for the Ninth Circuit overruled the...more

3/5/2013 - Attorney's Fees

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

2/14/2013 - Appeals Arbitration Awards Attorney's Fees Bylaws Fees Homeowners' Association Mediation Permits Prevailing Party Property Improvements

Prevailing Party Attorney Fee Award Is Granted Based On Successful Affirmative Defense Raised In Answer

In Windsor Pacific LLC v. Samwood Co. Inc., 2013 DJDAR 1292 (2013), the California Court of Appeal for the Second Appellate District decided a novel attorney fee issue arising out of hotly contested litigation, pertaining to...more

2/12/2013 - Affirmative Defenses Attorney's Fees Easements Equitable Estoppel Prescriptive Easements Prevailing Party

Attorney Fee Award to Debtor Is Affirmed Where Creditor's "Reasonable Reliance" Claims Have No Merit

In Heritage Pacific Financial LLC v. Machuca, 2012 DJDAR 16803 (2012), the US Bankruptcy Appellate Panel for the Ninth Circuit decided an interesting attorney fee case arising in the commercial litigation context. The fee...more

2/4/2013 - Attorney's Fees Creditors Debtors Loans Reasonable Reliance Claims

Store Owner Entitled to Attorney Fee Award for Successful Defense of Disabled Persons Act Claim

In Jankey v. Lee, 2012 DJDAR 16809 (2012), the California Supreme Court decided an interesting attorney fee case involving a claim for attorney fees by a defendant who was successful in defending against a claim of disability...more

1/15/2013 - Attorney's Fees Disability Disability Access Claims

The Lack Of An Enforceable Contract Does Not Require Denial Of Attorney Fees Claim

In Douglas E. Barnhart Inc. v. CMC Fabricators Inc., 2012 DJDAR 15717 (2012), the California Court of Appeal for the Fourth Appellate District decided a unique and interesting claim for attorney fees arising from the alleged...more

12/13/2012 - Attorney's Fees Breach of Contract Construction Contracts Prevailing Party

Offset Required For Attorney Fee Award In Social Security Case

In Parrish v. Commissioner of Social Security Administration, 2012 DJDAR 15223 (2012), the U.S. Court of Appeal for the Ninth Circuit decided a unique attorney fee case arising out of a dispute relating to the claimant’s...more

12/6/2012 - Attorney's Fees Social Security Benefits

County Counsel Is Eligible to Recover "Costs" But Not "Attorney Fees" In Bail Bond Forfeiture Matter

In People v. United States Fire Insurance Co., 2012 DJDAR 15367 (2012), the California Court of Appeal for the Fifth Appellate District declined to award fees to county counsel in proceedings arising out of bail bond...more

12/5/2012 - Attorney's Fees Bail Bond Forfeiture Proceedings

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