An interesting opinion by an appeals court judge, which basically says that two parties who settle a dispute one of those parties is entitled to reimbursement of legal fees.Â Huh?Â I think the decision should be appealed because it frankly discourages settlements and encourages more costly litigation through the courts.
From Sean Emery’s story in today’s paper:
The trial court last year found that the Great Park Corporation didn’t have to pay attorney’s fees, arguing that there was no “prevailing party” in the lawsuit. But the 4th District Court of Appeal overturned that decision, with Justice William Rylaarsdam arguing that “there was not a whit of evidence” that the Great Park Corporation “would have made the documents available if (the lawsuit) had not been filed.”
“I think it absolutely vindicates in the public the necessity and value of the litigation that Steven and Christina were required to file,” said Ben Pugh, who represented Shea and Choi. “It also rebukes the political mailers and the spin sent out after the trial court ruling that this was totally unnecessary, that it was a political battle.”
Frank Mickadeit is positive giddy about the decision.Â His story isn’t yet online as of this writing but so Frank must have been in a state of advanced arousal (it’s a visual) when he wrote:
“It’s nice to see that a handful of journalists and Irvine insiders aren’t the only people in town who have the wherewithal to publicly call out Larry Agran, exposing his penchant for secrecy and control.Â I feel our repeated warnings sound more like whining (it does Frank) and that they fall of deaf ears as Agran and his allies get re-elected year after year.”
Frank, you limit your chats to only Irvine “insiders” and not the people who keep re-electing the progressive majority year after year.Â
I’m a tad surprisedÂ FrankÂ reported that the first choice of the Park CEO was “a friend of Agran and that his brother had been an Agran staffer” when the candidate was someone Larry barely knew from a staffer who wored for Larry 20 years ago and that this candidate was very qualified.Â A little reporting, perhaps…. at least you didn’t report Christina Shea’s oft-repeated claim that his candidate was “Agran’s best friend.”Â Enjoy that 5 percent pay cut.Â
AndÂ thanks for your column of how Shea and Choi’s cronies lost a lawsuit to the city last Fall at the height of the election cycle.