35% In Reduction By Trial Judge Found To Be Sufficient.
Attorney’s fees can be a true leveling field, even for well-heeled clients. The next case, IMT Capital 11525 Blucher v. NMS Properties, Case No. B255823 (2d Dist., Div. 3 Mar. 4, 2016) (unpublished), presented a situation where a party won an easement dispute of a very contentious nature. The winning party under a fees clause in an easement instrument sought $1,820,282.98 in fees as the prevailing party. The trial judge awarded $1,185,783 in fees, a 35% reduction. The other side claimed the request was “shocking,” but the appellate court disagreed. After factoring in the reduction for duplication (given that 23 individuals billed on the case), the fee award was determined to be no abuse of discretion.