November 2024

Block Billing, Multipliers, Reasonableness Of Fees: Plaintiff’s Counsel’s Inflated Fee Request In A Non-complex FEHA Case Where Block Billing And Failure To Explain Proliferation In Fees For A Six Month Period Through Trial Justified A Drastic Reduct

Cases: Block Billing, Cases: Multipliers, Cases: Reasonableness of Fees

Fee Request Was About $1.75 Million In A Case Where $36,757.25 In Damages Was Awarded, With A Lower Court Awarding Only $135,102.                Inflated fee requests are often reduced substantially and sometimes denied altogether.  In the next case, block billing, failure to explain a huge jump in the fee request for a six-month period, use […]

Civil Rights, Prevailing Party, Settlement, Special Fee Shifting Statutes: Stipulated Judgment To Enforce Settlement Had Post-Judgment Enforcement Language Carve-Out Allowing For Further Post-Enforcement Attorney’s Fees

Cases: Civil Rights, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Also, On Remand, Trial Judge Had To Determine If Plaintiffs Prevailed In Voting Rights Act Case; And, If So, Amount Of Further Fees To Be Awarded.                In Robles v. City of Ontario, Case No. G064119 (4th Dist., Div. 3 Nov. 6, 2024) (published; originally issued unpublished on October 24, 2024), plaintiffs alleged that defendants

Homeowner Associations, Prevailing Party: 4/1 DCA Affirms Prevailing Party Status And $48,229.08 Attorney Fees Award To HOA That Filed Successful Demurrer And Was Dismissed From Action With Prejudice

Cases: Homeowner Associations, Cases: Prevailing Party

HOA Pragmatically Achieved Prevailing Party Status By Achieving Its Litigation Objectives Through Its Successful Demurrer And Dismissal From The Case                 Homeowners alleging their upstairs neighbors had created a nuisance with improperly installed floors filed a lawsuit against their HOA and others in Haidet v. Del Mar Woods Homeowners Assn., Case No. D082923

Special Fee Shifting Statutes: Prevailing Plaintiff Awarded Only Partial Fees Under EAJA Wins Reversal And Remand For Award Of Fully Requested Fees In Case Challenging Social Security Administration’s Denial Of Disability Benefits

Cases: Special Fee Shifting Statutes

Prevailing Plaintiff’s EAJA Fees Could Not Be Reduced Because She Raised Alternative Theories To Support A Single Claim, Even Though The Court Did Not Reach The Alternative Theories In Rendering Judgment In Plaintiff’s Favor.             The Equal Access to Justice Act (“EAJA”) requires the award of “reasonable attorney fees” to “a prevailing party other than

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