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ESPINOZA v. COUNTY OF ORANGE
Court of Appeals of California, Fourth District, Division Three.
Filed February 9, 2012.


 

 

f. Individual Defendants

The judgment reflects plaintiff prevailed against defendant but makes no mention of the individual defendants. Defendants brought a motion in the trial court to correct the judgment to reflect the individual defendants prevailed, which the court denied, noting the minute orders contained that information and there was no need for the judgment to state it. Defendant again argues here the judgment should be modified to show "the individual defendants prevailed." It is quite clear from the judgment that such is the case, and there is no need to modify it.

g. Appellant's Briefs

On a closing note, we discourage the manner in which defendant presented its claims on appeal. Although it obtained an order to file an oversize brief in many instances it raised only cursory, conclusory arguments, to which plaintiff responded. Then defendant presented lengthy arguments in its reply brief that should have been included in the opening brief. Not only was it unfair to plaintiff, denying it the ability to reply to specific assertions, it was not helpful to our disposition of the case.

2. Plaintiff's Appeal

a. Attorney Fees

Plaintiff claims the $194,581 attorney fees awarded to him, instead of the $628,083.75 requested are too low because the court failed to properly calculate the amount.


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