Description

Jeff is in trial, so take in a few quick summaries of recent cases and get back to billing:

• Incivility cost attorney $340,000 in fee reduction. Clip-n-save the recent controlling case on this point, Karton v. Ari Design & Construction, Inc.: "Excellent lawyers deserve higher fees, and excellent lawyers are civil.”
• Don’t let the trial court deny relief before you’ve asked for it.
• Lost the CCP 998 bet? You can still get judgment-enforcement fees.
• Infamous sterlization case Buck v. Bell (”three generations of imbeciles are enough”) has never been formally overruled, and the California Court of Appeal still gives the mentally disabled mere rational basis.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Court cannot deny fees until a motion is made
• Headnotes Jan. 24, 2025: one-sentence summaries of this week’s below-the-fold cases
• Incivility Fee Reduction of $340k!
• The Court of Appeal says that rational basis review applies to mentally disabled.

Disclaimer: The views expressed by our guest, James Mixon, are his own and do not reflect the official position of the California Court of Appeal or the California Judicial Branch. AI technology and legal standards are rapidly evolving, listeners should verify current rules and consult qualified attorneys before implementing AI tools in their practice. Attorneys must independently verify all legal citations and comply with applicable rules of professional conduct.