David J. McMahon

David J. McMahon

Hinshaw & Culbertson LLP

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A Judgment Cannot Not Lie Against Attorney Who is a Non Party

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

12/16/2014 - Attorney's Fees Frivolous Lawsuits Municipalities Personal Liability Prevailing Party Professional Liability Young Lawyers

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

Court Interprets Settlement Agreement to Allow For Fee Recovery

In Khavarian Enterprises Inc. v. Commline Inc.,2013 DJDAR 6107 (2013) the California Court of Appeal for the Second Appellate District overruled the trial courts denial of a fee claim arising out of a settlement agreement....more

5/28/2013 - Attorney's Fees Misappropriation Prevailing Party Settlement Trade Secrets

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

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

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