January 2013

In The News . . . . NALFA Recaps Top Attorney’s Fee Cases For 2012

In The News

     Jack and the Giant.  Udo J. Keppler, artist.  1907.  Library of Congress.      We give a “hat tip” to the Attorneys Fees Blog of the National Association of Legal Fee Analysis (NALFA) for sharing with us its top 5 attorney’s fees cases for 2012, which go this way:      1. $305 million — Southern

Family Law/Lien For Attorneys Fees: Attorney Did Not Get Additional Fee Recovery From Client Based On Lien Clause Language and Family Code Provision On Perfection Of Further Fee Recovery

Cases: Family Law, Cases: Liens for Attorney Fees

       In Fuchs & Associates, Inc. v. Lesso, Case No. B239246 (2d Dist., Div. 2 Jan. 8, 2013) (unpublished), an attorney sought to recover $647,688.13 in fees against a former client through a binding arbitration, fees in addition to what the client already had paid (about $481,000) in dissolution-related proceedings. The arbitrator awarded zilch/nada,

SLAPP/Substantiation Of Reasonableness Of Fees: $20,000 Fee Award To Winning Defendant Affirmed On Appeal

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  Later Order Fixing Fees Allowed Appellate Jurisdiction on the Merits; However, Detailed Billing Records Were Not Needed to Substantiate Fee Request.      In Susott v. Auld-Susott, Case No. H037066 (Jan. 3, 2013) (unpublished), plaintiff lost a SLAPP motion and the trial court awarded defendant $20,000 in mandatory fees out of a requested $31,976.74. Plaintiff

Section 998: Co-Contributor Mike Completed Survey of Section 998 Decisions Of Interest In 2012 In Recent Orange County Lawyer Article

Cases: Section 998

       Because all of us must now rebound from lots of Holidays feasts and Bowl games, we inform you that co-contributor Mike has written a published article, “CCP § 998 Fees/Cost Shifting: Outburst of Decisions in this Area,” available for reading in the January 2013 edition of the Orange County Lawyer. The article surveys

Year End 2012 California Intermediate Fee/Costs Decisions

Cases: Allocation, Cases: Liens for Attorney Fees, Cases: Reasonableness of Fees

  Here are the remaining December 31, 2012 intermediate DCA decisions on fees/costs issues, Liens For Attorneys Fees: Timothy D. Reubon, Inc. v. One West Bank, Case No. B234958 (2d Dist., Div. 1 Dec. 31, 2012) (unpublished)      In this one, judgment creditor/former attorney obtained a judgment against judgment debtor/former client for past due services.

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