Wednesday, January 8, 2014

Review Granted

The California Supreme Court granted review in two more previously covered cases, on the issues as described in the court's pending issues summary:

Barry v. State Bar (Rev. Granted Nov. 26, 2013): This case presents the following issue: If the trial court grants a special motion to strike under Code of Civil Procedure section 425.16 on the ground that the plaintiff has no probability of prevailing on the merits because the court lacks subject matter jurisdiction over the underlying dispute, does the court have the authority to award the prevailing party the attorney fees mandated by section 425.16, subdivision (c)?

Nickerson v. Stonebridge Life Ins. Co. (Rev. Granted Dec. 11, 2013): This case includes the following issue: Is an award of attorney fees under Brandt v. Superior Court (1985) 37 Cal.3d 813 properly included as compensatory damages for purposes of calculating the ratio between punitive and compensatory damages where the fees are awarded by the jury, but excluded from compensatory damages when they are awarded by the trial court after the jury has rendered its verdict?

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