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The Age of Social Media – Why Your Estate Plan Should Include Digital Assets

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Today, more of our lives are being conducted digitally by email, blogs, social media accounts, computer storage of digital pictures and online bank and investment accounts. However, many individuals may not realize that these digital assets are an essential consideration in estate planning. 

Currently, some states such as California, Florida and Michigan have enacted laws concerning the treatment of digital assets in an estate plan. At the same time, some technology companies have created procedures for accounts to be shut down after a user’s death. 

Google’s Inactive Account Manager feature, for example, allows a user to designate a trusted person as manager of a Google service once it becomes inactive. The manager can obtain access to the user’s emails, videos, and data in the account, download the data, and the account can be deleted.  In addition, Facebook has a feature that allows a user to select a “legacy contract” naming a family member or friend to manage the account after the user’s death and arrange to have the account permanently deleted.

Despite these features, many individuals tend not to think about death when they are engaging in social media, sharing photos, or tweeting their latest random observation on Twitter. Although this aspect of trusts and estate law is largely unsettled, there are steps that can be taken now to protect digital assets. 

In a typical estate plan, an executor or a trustee is named to manage and distribute a person’s assets after he or she dies, and digital assets should be included in that determination. Regardless of who is selected to act in this capacity, this individual must have access to the passwords for all online accounts. 

At the same time, this information should not be included in a will, since that is a public document that is filed in court. 

Instead, the will or trust should provide instructions on the management of digital assets. This requires creating an inventory of all online email and social media accounts, memberships, bank and investment accounts, and subscriptions. That list should also identify web addresses, user id’s, passwords, and account numbers. The executor or trustee should also be provided with this information and guidance on how to handle these accounts.

Because this area of law is evolving, it is crucial to work with an experienced estate planning attorney at Schneiders & Associates, LLP, who can help protect your digital assets and ensure your plan adheres to any applicable state laws.

By: Roy Schneider, Esq.

Winning Punitive Damages When Defendant Defaults

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Lawsuits in real estate transfers can include breach of contract allegations, and also fraud allegations if the seller failed to properly disclose defects in the purchased residence.

The residential purchase agreement includes a separate form called Transfer Disclosure Statement (“TDS”). This form is required to disclose any known defects in a residential property containing up to four dwelling units. Civil Code section 1102 obligates the seller to disclose the condition of the property. The TDS is not a warranty, but it can be relied upon by the buyer as the basis for a lawsuit if the disclosures are incorrect and the correct information was within the personal knowledge of the seller through the exercise of ordinary care.

A violation of section 1102 is a form of fraud. E.g. Peake v. Underwood (2014) 227 Cal. App. 4th 428, 442 (real estate agent only liable for fraud if they failed to disclose facts based on reasonably competent and diligent visual inspection of the property). Fraud brings with it potential recovery of punitive damages. Civil Code section 3294 permits punitive damages for oppression, fraud, or malice.  For section 3294 purposes, “fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.

Many TDS plaintiffs wish to sue the seller’s real estate agent along with the seller. Civil Code section 2079(a) protects real estate agents as follows:

It is the duty of a real estate broker or salesperson…to a prospective [residential] buyer to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to … buyer all facts materially affecting the value or desirability of the property that an investigation would reveal, if that broker has a written contract with the seller to find or obtain a buyer or is a broker who acts in cooperation with that broker to find and obtain a buyer.

Punitive damages are awarded “for the sake of example and by way of punishing the defendant.” Where the lawsuit is not contested because defendant has defaulted by failure to file an answer, it is still possible to recover punitive damages if you have clear and convincing evidence of fraud. But you must clear legal hurdles.

The Notice of Preservation of Right to Seek Punitive Damages against defendant must be served on the defaulting defendant. California Code of Civil Procedure 425.115. Your Notice must state the exact dollar amount you are going to ask the judge to award.

The 425.115 Notice must be served as you would a summons, before you file your application for entry of default. After service, you are free to ask the judge to include the specified amount in the default judgment. Be prepared to prove it.      

If you are seeking punitive damages and would like to speak to an attorney, contact Schneiders & Associates, L.L.P. today to schedule an appointment.

Kathleen J. Smith is an experienced civil litigator. Kathi advises clients on and handles all types of civil litigation, including employment matters, wage and hour, business, real estate, trademark disputes, class action defense, trust and probate, and homeowners association disputes. Kathi is experienced in all types of dispute resolution, from mediation to arbitration to civil trial.

Estate Planning Tips for Singles

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Today, more and more people are delaying marriage for a variety of reasons, whether it be to become more established in their careers, pursue other interests, or that they simply do not want to get married. While many people believe they do not need to have an estate plan because they are not married or do not have children, this is not the case.

In fact, without a plan, the state’s intestacy laws will determine how any assets, such as bank accounts, securities, real estate and other assets, will be distributed upon death. In addition, the laws of intestate succession depend on whether or not the single individual had children. Moreover, if there are no children and no other living relatives can be found, the state will go to the state. Fore these reasons, it is essential for single individuals to have an estate plan.

The most basic estate planning document is a will which determines how assets will be managed and distributed. Moreover, a will is the only way in which guardians for minor children can be named, which makes having a will crucial for single parents. This estate planning document also designates an individual, known as a personal representative or executor to probate the will ad distribute assets to the beneficiaries. When selecting an executor, it is crucial that this person be capable and trustworthy. While it is common to name a close relative or friend, another option is to designate an attorney to act in this capacity.  Having a will does not avoid the probate process, it simply notifies the probate court what an individual’s wishes are with respect to the management and distribution of the assets.

The probate process, even with a will, in California is public, lengthy, and will likely be costly.  Furthermore, legal costs that are paid to probate attorneys and the court are designated by statute based on the size of the individual’s estate.  The amount of work, or little thereof, that an attorney does during the probate process does not lessen their fees.  However, an attorney may be entitled to collect fees above the amount designated by the statue.

There are a number of ways to avoid probate in California, (1) establish a Trust, (2) keep the amount of assets at the time of the individual’s death under the Small Estate Affidavit limit, which is currently $184,500.00, or (3) if the individual is over the Small Estate Affidavit limit (ii) have designated beneficiaries of the asset(s) (e.g., a financial account that is a Payable on Death account with a designated beneficiary) or (ii) hold the asset(s) in joint tenancy with other owner(s), for the amount that is over the Small Estate Affidavit limit.

The key is that when an individual dies their assets have a place to go on their death if they are over the Small Estates Affidavit limit. If there is Trust, then the Trust states where the assets go, and any conditions with regard to distribution. A Trust allows the most flexibility and control over distribution of an individual’s assets. If there is a designated beneficiary or if the asset(s) are held in joint tenancy, then the asset(s)’ ownership transfers automatically to the beneficiary or the surviving joint tenant(s), on the individual’s death.  Two things to keep in mind, the first is that if the individual would like to name a designated beneficiary, the account or asset is legally allowed to name a designated beneficiary (not all accounts have that option), and the second is that the individual wants to avoid having assets over the Small Estates Affidavit limit that do not legally have a place to go on their death.  If the individual’s asset(s) are over the Small Estate Affidavit limit and do not legally have a place to go (i.e., have a designated owner as a result of the individual’s death), then the assets must be probated, and the probate court directs where ownership of the asset(s) are transferred to, either in accordance with a Will, should they have one, or in accordance with the laws of intestate succession.

In addition to creating a trust and/or a will, it is also important for single individuals to plan for the possibility of becoming mentally or physically incapacitated. A durable power of attorney is a legal document that designates a trusted person, either a family member or close friend, to manage an individual’s personal and financial affairs, including bank accounts, real estate, and investments.

Moreover, an advance medical directive, or healthcare proxy, that designates someone to make decisions about a single person’s preferences for medical treatment when he or she is unable to communicate these decisions. Finally, if there are any retirement plans such as a 401(k) or life insurance policies in place, it is important to ensure that beneficiary designations are up-to-date and coincide with the estate plan.

In the end, everyone needs an estate plan, whether they are single or married. By having the advice and counsel of an experienced estate planning attorney, you can create a plan to ensure that your wishes are carried out.

By: Roy Schneider, Esq.

Divorce Mediation: An Alternative to Litigation in Dissolution of Marriage Cases

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Advantages of Mediation

Divorce or legal separation can be one of the most difficult and traumatic life experiences. This is particularly true when divorce is an adversarial, court driven process. Mediation—a valuable alternative to litigation—is non adversarial. It is client driven, private, confidential, and less expensive than other forms of resolution. Instead of the court making major life decisions about the future of the parties and their children, mediation offers a neutral third-party, the mediator, to help guide the parties through the uncontested divorce to make their own decisions in reaching a fair and equitable resolution.

Role of a Mediator

A certified mediator is a neutral, unbiased professional who assists divorcing spouses reach a fair and equitable agreement based on their unique personal circumstances. To maximize the quality of time with the mediator and minimize the expense of the mediation process the mediator will require the parties’ cooperation and full disclosure. During the mediation process the mediator is not acting as an attorney and is not representing either or both spouses. Nor does the mediator impose any decision upon them. When the parties reach full agreement on the terms and conditions of all the relevant issues the mediator will prepare a marital settlement agreement.

Role of the Parties

Mediation is most effective when both parties to the divorce voluntarily decide to resolve issues within the marital estate to work out the terms and conditions under which they choose to be divorced. Because mediation is voluntary either spouse may choose to end the mediation process at any time. Full disclosure of the parties’ financial worth and assets is essential. While professionals—accountants, appraisers, independent legal counsel, or others—may be used as advisors, each spouse must accept full responsibility for the reasonable accuracy of the value of their assets. All marital property issues and other marital issues raised during the mediation process are confidential.  Hence, the parties must agree not to  disclose what is said against the other in any pending or subsequent litigation, except as required by law.

The Mediation Process

The uncontested divorce is a two-step process: 1.Participate in mediation; 2. Finalize in court. Under no-fault divorce observed in California the court only requires the spouse who files the petition to state the divorce is based on irreconcilable differences. Thus, only relevant issues are resolved. Grounds that blame the other spouse for the breakdown of the marriage are no longer at issue.

Generally, there are about 20 to 25 issues that require resolution. Because the courts are not directly involved the parties have the right to decide how they want to divide the marital estate assuming the distribution is fair, equitable and consistent with California community property law. If there are minor or dependent children both the physical and legal custody of the child should be determined based upon the best interests of the child. California statutes, however, govern the amount of child support each parent is required by law to pay.

After each issue has been agreed to and/or resolved, the mediator drafts a marital settlement agreement. The parties are encouraged to have separate independent counsel review the agreement although such review is not mandatory.

Litigation vs. Mediation

When spouses seeking  dissolution of their marriage refuse to agree or compromise on  material property issues, child custody or support, or even matters of lesser weight and importance they are faced with a battle in the Family Law Court. Unlike mediation where the process is self-determinative, the judge makes decisions for people who cannot make decisions for themselves. The court process is guided by law. Whereas the mediation process is guided by the mediator helping the parties make sound, fair decisions. Contested court hearings can cost each spouse many tens of thousands of dollars in attorneys’ fees, involve extensive discovery through interrogatories and requests for production of documents and be drawn out over many months and sometimes years. Those seeking dissolution of marriage who can make decisions for themselves, therefore, would be wise to decide to use the mediation process a with a certified mediator.

By: Georgianna Pennington Regnier, Certified Divorce Mediator

Contact Our Office

Attorney Georgianna Pennington Regnier lends her mediation skills to clients who are divorcing and want to avoid the trauma and expense of having divorce litigated in the courtroom. If you wish to meet with Georgianna, please contact our office at (805) 764-6370.

What To Do When You Have a Deceased Adversary?

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California litigation can take years to resolve, even with case management rules which can put the parties on a quick timeline towards trial. If your adversary dies before the case resolves, what do you do? That depends. If your dispute is particularly acrimonious, you might be tempted to celebrate. That’s fine, but don’t let it get in the way of protecting your right to recover or escape.

California Code of Civil Procedure section 377.31 empowers the decedent’s personal representative to substitute in for the decedent plaintiff or cross-complainant. How long after the death can the representative wait? There are cases where the dismissal for failure to prosecute occurred within 8 months or so of the death.

Section 377.31 states:

On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

Section 377.31 states:

On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

Section 377.31 states:

On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

(a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case.

(b) Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.

If you are the plaintiff, you can continue to pursue your case can be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest. (C.C.P. 377.40) You do need to make sure you’ve submitted a creditor’s claim in the decedent’s probate though. Section 377.41 states:

On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.

And you won’t be able to recover punitive damages once your defendant dies. Section 377.42 states:

In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on a cause of action against the decedent, all damages are recoverable that might have been recovered against the decedent had the decedent lived except damages recoverable under Section 3294 of the Civil Code or other punitive or exemplary damages.

Questions? Call Us Today!

If you have questions about litigation involving a deceased person, probate or estate planning, contact our office to schedule an appointment.

By: Kathleen J. Smith, Esq.

What Happens to Your Debt After You Die?

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You have just lost a loved one. Then, you get a phone call from one of their creditors. This will very likely and very understandably catch you off guard. Why would a creditor of a deceased family member be contacting you regarding payment of an outstanding debt? Do you really have to pay? Understanding what happens to debt after someone dies can protect you from being taken advantage of financially in the wake of losing a loved one. 

First, consider what happens during the probate administration proceedings. Regarding any unpaid debts of the deceased, all creditors are provided with formal notice so that they can make a claim against the estate to collect any outstanding debts of the deceased. All debts that can be covered by assets in the estate will be paid. Some assets will be exempts from being used to pay off debts, but most are fair game. In a perfect world, all debts would be covered and paid off. Medical bills and credit card debt would be satisfied by assets of the estate. However, sometimes there is just not enough money in the estate to cover all outstanding debts.

When an estate cannot cover all debts owed by the deceased, most commonly, creditors will have to cut their losses and walk away. Oftentimes, there is no other legal way for the creditor to recover the debt once the assets of the estate have been exhausted. In some instances, surviving heirs, family members, and others may be liable to cover unpaid debts incurred by the deceased. The circumstances where this happens are very limited and include:

  • Failure of the executor of the estate to properly put creditors on notice, violating probate laws;
  • When an individual co-signed for a debt obligation with the deceased;
  • When a surviving spouse signed a legal agreement to assume the debt and be held liable for the debt of the deceased spouse; and
  • If someone else jointly held an account with the deceased.

Absent any of the above circumstances, it is likely that surviving loved ones will not be responsible for paying off outstanding debts of the deceased. This means that any phone calls you receive from debt collectors contacting you about payment of a debt the deceased incurred, are most likely predatory and trying to make you pay for an obligation that is not yours. In fact, under the Fair Debts Collection Practices Act (FDCPA), surviving family members are protecting from these types of abusive and deceptive collection practices.

The probate administration process is complicated. Debt collection practices are complicated and often intimidating. Be sure to know your rights so that you are not taken advantage of. Debt collectors with no other options will try some pretty outrageous things to try and collect money due. Always be aware of your legal obligations to pay or not pay a debt, especially if it was a debt incurred by someone else. 

If you have any questions regarding estate planning, please do not hesitate to contact an Estate Planning Attorney at Schneiders & Associates, LLP for advice and counsel.

Roy Schneider’s areas of practice include business planning, entity formation, mergers, acquisitions and sales of businesses, employment law, contracts, transactional matters of all kinds, real estate transactions, homeowners associations, non-profit law and estate planning.

Common Mistakes Employers Make

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California employers are subject to countless federal, state and local laws, imposing various requirements, including wage and hour and anti-discrimination laws. Unfortunately, many employers – particularly small businesses – are unaware of their obligations and violate various worker protection laws, often resulting in expensive lawsuits, civil settlements and penalties. Here are some common, costly mistakes employers make:

Misclassifying Non-Exempt Workers as Exempt
Generally, all workers are entitled to overtime pay. However, some employees – typically executive, managerial or professional employees – are “exempt” from overtime and receive a flat salary, regardless of the number of hours the employee works. However, the exemption only applies in certain narrow situations defined by law, and many employers improperly classify workers as “exempt” when they are legally entitled to overtime wages and meal and rest break requirements.

Misclassifying Employees as Independent Contractors
Determining whether a worker is an employee or independent contractor depends on a number of factors, and the law in this area is still evolving with the recent California Supreme Court decision in Dynamex v. Superior Court, and California’s new AB5 legislation. All workers in California are presumed to be employees, and there are only limited circumstances under which a worker (particularly if the worker will be doing the type of work that is part of the employer’s normal business) can be treated as an independent contractor. Because of the complexity surrounding the classification of independent contractors, and the enormous potential liability for employers for misclassifying workers, it is imperative to speak with legal counsel before treating a worker as an independent contractor.

Failing to Train Supervisors Regarding Employment and Labor Laws
Employment laws prohibit employers from taking action against an employee for certain reasons, including discrimination on the basis of a protected characteristic such as race, religion, gender, sexual orientation, national origin, pregnancy, etc. Employees are also protected from retaliation for complaints of discrimination or illegal activity. It is vital to train supervisors to manage their employees in accordance with all applicable laws.

Failing to Use an Employee Handbook
An employee handbook informs employees about the employer’s values and policies and facilitates compliance with employment and labor laws. A proper employee handbook can be an essential shield for an employer to raise when defending wage and hour claims or discrimination claims.

Failing to Properly Document Employee Job Performance
Proper documentation clearly establishes the employer’s expectations and where the employee failed to reach them. Written job descriptions and employee evaluations serve as training tools, performance measures and critical evidence in the event you have to terminate an employee.

Failing to Accommodate Disabled Workers
The law not only prohibits employers from discriminating against those with disabilities, it also imposes a duty on employers to engage in an “interactive process” with employees who may have a disability and to “reasonably accommodate” disabled employees so they can perform the essential functions of their job. Accommodations may include assistive devices, a modified work schedule or a restructuring of job duties.

Failing to Comply with Wage Payment and Notification Requirements
California requires employers to pay their employees in a certain manner and provide written notice of pay periods and amounts. There are no less than ten itemized requirements that must appear on all employee pay stubs. Failure to comply can subject the employer to penalties and a civil lawsuit, and every pay period in which a violation of these requirements exists can trigger a separate penalty. 

If you have questions about your compliance in regards to any of the foregoing employment laws, please do not hesitate to contact an employment attorney at Schneiders & Associates, L.L.P. for advice and legal guidance.

5 New Laws in the Golden State

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Governor Gavin Newsom signed several new laws that will take effect at the start of 2023. Here are 5 new laws to be aware of as we ring in the new year!

Minimum Wage Increase

California’s minimum wage will increase to $15.50. The new state salary threshold will increase to $64,480. Fast food minimum wage will increase to $22 per hour. The new law applies to “fast food chains” with 100 or more restaurants nationwide. It defines a “fast food restaurant” as establishments that provide food for “immediate consumption either on or off the premises” for customers who select and pay for items before eating, and where the restaurant prepares items in advance. The law does not apply to restaurants with table service.

Bereavement Leave

Governor Newsom also signed AB 1949, which makes Bereavement Leave a protected Leave of Absence. AB 1949 applies to all employers with five or more employees and all public sector employers. To be eligible for bereavement leave, the person must be employed by the employer for at least 30 days prior to starting the leave. Employees may take up to five days of bereavement leave upon the death of a family member, defined as including a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law. Bereavement leave may be unpaid, but employees can use existing leave available to the employee (e.g., vacation, paid time off [PTO], sick leave, etc.). Bereavement Leave must be completed within three months of the family member’s death. Employers can require documentation to support the leave including a death certificate; a published obituary; or a verification of death, burial or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or government agency.

New Holidays

Effective January 1, 2023, Governor Newsom proclaimed the following holidays:

  • Monday, April 24 Genocide Remembrance Day​
  • Monday, June 19​ Juneteenth​
  • Friday, September 22​ Native American Day
  • Sunday, January 22 Lunar New Year

AB 1655 adds June 19, known as “Juneteenth,” to the list of state holidays. The bill authorizes state employees to elect to take paid time.

AB 2596, recognizes Lunar New Year as an official state holiday and allows state employees to take paid time off from work to celebrate.

AB 1801 authorizes state employees to elect to take time off with pay in recognition of “Genocide Remembrance Day.”

AB 855 establishes that California Native American Day will be a paid holiday for all statewide court employees.

Wage Transparency

SB 1162 requires businesses with 15 or more employees to include information about salary ranges for all job postings. It also gives workers the right to know the pay scale for their current position. Companies with 100 or more employees are required to submit pay data and wage history to the state by May of each year.

COVID-19 Noticing Requirements

AB 2693 extends the employer’s obligation to notify its employees about possible COVID-19 exposure in the workplace until January 1, 2024. It also allows employers to post a notice of a possible workplace exposure instead of issuing individual written notice to each employee. AB 2693 eliminates the employer’s requirement to notify the local health department.

What Employers Should Do Now

Register for Schneiders & Associates Annual Employment Law Update, 2023. New employment laws, including the 5 summarized, will be discussed on January 25, 2023 by Schneiders & Associates Partner Roy Schneider and Attorney Christopher Correa. Roy and Christopher will present the 2023 Annual Employment Law Update – an in-depth discussion and further explanation of new laws, via Zoom. Please register for this free webinar. We hope to see you there to answer all your new employment law related questions!

Attorneys Who Care Too Much Won’t Get Their Fees

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The prevailing party in a lawsuit can recover their attorney’s fees from their opponent if there is a statute or contract providing this recovery. However, courts are allowed to reduce the amount of fees awarded if it appears that the attorney over-litigated the case.

It’s not unusual to receive a motion for award of attorney’s fees where, on close examination of the supporting declaration and exhibits showing attorney billing time entries, the fees appear unusual. Often, courts will simply reduce by 10% whatever amount is sought in the motion. Now, a court of appeal has held that if the attorney’s time entries show over-litigation of the file, the fee award can be reduced accordingly.

In Karton v. Ari Design & Constr., Inc., 61 Cal. App. 5th 734, 738 (2021), as modified on denial of reh’g (Mar. 29, 2021), review denied (June 23, 2021), the court stated:

Trial judges deciding motions for attorney fees properly may consider whether the attorney seeking the fee has become personally embroiled and has, therefore, over-litigated the case. Similarly, judges permissibly may consider whether an attorney’s incivility in litigation has affected the litigation costs.

In Karton, plaintiff was an attorney with a dispute against his general contractor. Attorney Karton wanted a refund worth $22K more than the amount defendant contractor offered to pay, so Karton sued and won a $133K judgment. Karton then sought a $271K fee award. The trial court awarded $90K because plaintiff Karton, who represented himself[1] with limited help from another attorney, behaved uncivilly in his briefs, like personally attacking opposing counsel. The court did not appreciate Karton getting agitated about the case, which the court said was because it was a personal dispute.

The order reviewed law about the lodestar method of fee calculation. The lodestar is the product of a reasonable hourly rate and a reasonable number of hours. The court has broad discretion to adjust an award downward or to deny it completely if it determines a request was excessive.

In Karton on a different issue, the court held it was error for the trial judge to find that plaintiffs had no basis to collect the reduced $90,000 award from an insurance company that had posted a surety bond for defendant general contractor. The liability of the surety is commensurate with the liability of its principal. In this case, by statute, defendant was required to pay the attorney fees as an element of court costs. So the surety was liable for the fee award along with the defendant.

[1] There is no recovery for the time a pro per plaintiff like Karton himself had spent on the case. (See Trope v. Katz (1995) 11 Cal.4th 274, 292 (attorney litigants may not recover attorney fees as compensation for effort they spend litigating matters on their own behalf.)

By: Kathleen J. Smith, Esq.