No Apportionment Required Because Everything Involved Same Facts/Misconduct Allegations.
Winning litigant in Sanders v. Garfield Langmoir-Logan, Case No. G048524 (4th Dist., Div. 3 May 14, 2014) (unpublished) won an elder abuse claim, which has a fee-shifting statute in favor of the prevailing party under Welfare and Institutions Code section 15657.5(a). The lower court awarded the full amount of requested trial court fees of $156,346, but did not award “fees on fees.”
Losing party did not get any reversal or reduction in fees.
The amount awarded was no abuse of discretion, given the lower court asked for supplemental information to support an award and considered it—especially more information on hourly fees and work breakdowns. No apportionment was required given the conclusion that all causes of action centered on the same facts and the same allegations of misconduct.
Presiding Justice O’Leary authored the decision on behalf of the reviewing panel.
Click here for Wikipedia article on elder abuse.