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Ethics, Retainer Agreements: New California Ethics Opinion Under Consideration Addresses Whether “Conversion Clauses” In Contingency Agreements Are Ethically Permissible
Unfairly Shackling Client On Key Decisions And Unconscionable Arrangements Likely Will Be Under Scrutiny. Although it has not yet been adopted and remains open for…
Consumer Statutes, Section 998: Where Contextual Reading Of Defense 998 Offer In Lemon Law Case Showed Defense Beat The Ultimate Judgment Based On Offer Terms, Matter Had To Be Remanded To Have Trial Judge Determine Preoffer And Postoffer Costs Due To Each Side
998 Offer Allowed For Costs/Fees to Plaintiff, Such That This Could Not Be “Double Dipped” Added To The Base 998 Offer Amount; Otherwise, Duplication Existed….
Lodestar, Multipliers, Prevailing Party, Special Fee Shifting Statutes: Where Prevailing Plaintiff Won Substantial Trial And Appellate Victories On The Scope Of Penal Code Section 496(c), Substantial Fee Award Was Affirmed On Appeal With A Minor Remand Issue
Lodestar, Not Contingency Fee Agreement Amount, Governed Work On Section 496(c) Work, Requiring A Remand On That Sole Issue. Siry Investments, L.P. v. Farkhondehpour, Case No….
Construction: Where General Contractor And Property Owner Obtained Lower Court Order Clarifying The Impact Of A Mechanic’s Lien Release Bond, The Lower Court Erred In Assessing Attorney’s Fees Of $4,250 Against Subcontractor Lien Claimant
Nothing In The Civil Code Provided Fee Entitlement. In T McGee Electric, Inc. v. FH II Homebuilders, Inc., Case No. D088372 (4th Dist., Div. 1…
Hourly Rates: LegalCostGuides.com Reports That Clio Benchmark For California Attorneys Is $422 Per Hour Statewide
However, Rates Are Higher In Coastal Areas Versus More Agricultural Areas. Javi Perez, in a June 2026 post on LegalCostGuides.com, has reported that the 2026…
Prevailing Party, Special Fee Shifting Statutes: Petitioner Physician Failing To Prevail On Peer Review Suspension Proceedings Under Business And Professions Code Section 809.9 Properly Was Assessed With Non-Prevailing Party Attorney’s Fees As Against Defendants
Failure To Exhaust Administrative Remedies Did Give Rise To Fee Exposure, Because the Petition Was Frivolous In Nature. In the last few days, we have…
Section 998: Defendant Correctly Granted A Motion For Judgment Notwithstanding The Verdict In An Asbestos Personal Injury Case Was Properly Awarded Expert Witness Fees And Other Costs As Against Plaintiffs Based On Successful Section 998 Offer
Dismissal With Waiver Of Costs Was A Valid And Reasonable Good Faith Offer Under The Circumstances. In Collantes v. Union Carbide Corporation, Case Nos. B335555/B338371 (2d…
Nonsignatories, Reasonableness Of Fees, Section 1717: $313,830 Contractual Fee Award Under Medical Center’s By-Laws Affirmed On Appeal Against Plaintiff Physician
Section 1717 Was Not Preempted By Business And Professions Code Section 809.1, With Plaintiff’s Wife Not Liable For Fees And With Reductions In Fees Sustained…
Off Topics: Study Of Attorney’s Fees Awards In Settlements Of Parallel Securities Derivative Actions, From 2019 Through The First Half Of 2026, Provides Some Interesting Statistical Information
Fee Awards In Settlements With No Monetary Component Were Lower. Cornerstone Research, drawing from a variety of sources relating to settlements in parallel securities derivative…
Costs, Section 998: Last Offer Rule Applies In Gauging Whether Plaintiff Prevailed After A Trial Ruling
This Rule Prevents Gamesmanship And Mischief, According To The Court Of Appeal. Meehan v. Aguirre, Case No. B343396 (2d Dist., Div. 3 Sept. 15, 2026)…
Family Law: $40,000 Needs-Based Award To Ex-Wife Was Affirmed On Appeal Despite Some Conflicting Rulings
In The End, The Award Was Just Because Ex-Husband Drove Up The Costs Of The Litigation. Marriage of Houghteling, Case No. B348954 (2d Dist., Div….
Section 998: Personal Injury Plaintiff, In Low Collision Bike-Car Accident, Properly Was Assessed With $99,800 In Costs After Rejecting A 998 Offer Of $20,000 In The Wake Of A Subsequent Defense Jury Verdict
Most Of The Costs Were Expert Witness Fees. Although attorney’s fees in California are rarely at issue in normal personal injury cases, CCP section 998…
Arbitration: Study Of FINRA Arbitration Awards From 2015-2024 Has Some Interesting Statistical Findings
Arbitration Fee Awards Are Spiking Upwards Over The Years. Arbitrator-X.com has an interesting statistical survey of attorney’s fees awards in Financial Industry Regulatory Authority (FINDRA)…
Off Topics, Substantiation Of Reasonableness Of Fees: Florida’s Sixth District Court of Appeal Finds That Expert Testimony And An Evidentiary Hearing Are Not Required Before A Lower Court Can Fashion An Attorney’s Fees Award
Although Only Applicable To Certain Florida Counties, It Is More In Line With California And Federal Approaches. Although we usually concentrate on California cases, the…
Sanctions: Orange County Superior Court’s Appellate Division Publishes Order Sanctioning Defendant’s Attorneys For Filing Briefs With AI Hallucinations
End Of The Order Makes Clear That The Appellate Division Will Report Imposition Of Sanctions On This Issue To The California State Bar. In Southland Homes…
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Ethics, Retainer Agreements: New California Ethics Opinion Under Consideration Addresses Whether “Conversion Clauses” In Contingency Agreements Are Ethically Permissible
Unfairly Shackling Client On Key Decisions And Unconscionable Arrangements Likely Will Be Under Scrutiny. Although it has not yet been adopted and remains open for public comment, the California State Bar’s Standing Committee on Professional Responsibility and Conduct has issued Formal Opinion Interim No. 20-0005. The proposed opinion addresses when “conversion clauses” in California contingency…
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Consumer Statutes, Section 998: Where Contextual Reading Of Defense 998 Offer In Lemon Law Case Showed Defense Beat The Ultimate Judgment Based On Offer Terms, Matter Had To Be Remanded To Have Trial Judge Determine Preoffer And Postoffer Costs Due To Each Side
998 Offer Allowed For Costs/Fees to Plaintiff, Such That This Could Not Be “Double Dipped” Added To The Base 998 Offer Amount; Otherwise, Duplication Existed. Slater v. Ford Motor Co., Case No. G064350 (4th Dist., Div. 3 Sept. 24, 2026) (unpublished) is highly suggested reading for lemon law defense attorneys on how to craft an…
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Lodestar, Multipliers, Prevailing Party, Special Fee Shifting Statutes: Where Prevailing Plaintiff Won Substantial Trial And Appellate Victories On The Scope Of Penal Code Section 496(c), Substantial Fee Award Was Affirmed On Appeal With A Minor Remand Issue
Lodestar, Not Contingency Fee Agreement Amount, Governed Work On Section 496(c) Work, Requiring A Remand On That Sole Issue. Siry Investments, L.P. v. Farkhondehpour, Case No. B340681 (2d Dist., Div. 2 Sept. 23, 2026) (unpublished) involved a long-ranging dispute between the parties with respect to the scope of relief and attorney’s fees allowed under Penal Code…
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Construction: Where General Contractor And Property Owner Obtained Lower Court Order Clarifying The Impact Of A Mechanic’s Lien Release Bond, The Lower Court Erred In Assessing Attorney’s Fees Of $4,250 Against Subcontractor Lien Claimant
Nothing In The Civil Code Provided Fee Entitlement. In T McGee Electric, Inc. v. FH II Homebuilders, Inc., Case No. D088372 (4th Dist., Div. 1 Sept. 22, 2026) (unpublished), defendants general contractor and property owner obtained a clarification order from a lower court as to the impact of a mechanic’s lien release bond for a…
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Hourly Rates: LegalCostGuides.com Reports That Clio Benchmark For California Attorneys Is $422 Per Hour Statewide
However, Rates Are Higher In Coastal Areas Versus More Agricultural Areas. Javi Perez, in a June 2026 post on LegalCostGuides.com, has reported that the 2026 Clio benchmark for California attorneys is $422 per hour statewide, which includes higher Bay Area/Los Angeles rates and lower Central Valley rates. Here is his more refined analysis of geographic…
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Prevailing Party, Special Fee Shifting Statutes: Petitioner Physician Failing To Prevail On Peer Review Suspension Proceedings Under Business And Professions Code Section 809.9 Properly Was Assessed With Non-Prevailing Party Attorney’s Fees As Against Defendants
Failure To Exhaust Administrative Remedies Did Give Rise To Fee Exposure, Because the Petition Was Frivolous In Nature. In the last few days, we have posted on Business and Professions Code section 809.9, which allows fees to a substantially prevailing party in a peer review suspension of privileges proceeding where the plaintiff’s conduct was frivolous,…