Explore thousands of curated case law summaries, expert analyses, and legal insights tailored for California attorneys. Our Articles page is your gateway to over 10,000 cited cases and abstracts — organized for fast reference and strategic research.
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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,…
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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 B335555/B338371 (2d Dist., Div. 7 Sept. 16, 2026) (unpublished), a defendant suffering an adverse jury verdict in an asbestos case obtained a judgment notwithstanding the verdict based on a post-trial motion for…
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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 On Appeal. A plethora of fee issues were addressed in Sujan v. UHS Corona, Inc., Case No. E084185 (4th Dist., Div. 2 Sept. 16, 2026) (published) after the lower and appellate courts…
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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 actions from 2019 through mid-2026, has some statistical information on the fee awards in these settlements in federal cases (specifically 301 securities class actions). Here are the takeaways: (1) the…
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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) (published) dealt with a situation where a personal injury plaintiff made three CCP section 998 offers for $1 million to defendants, all not accepted. A fourth offer was made for…
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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. 6 Sept. 14, 2026) (unpublished) is interesting because the family law judge made some conflicting statements about the disparity to access factors, finding that maybe both sides had the same…
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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 can be a cost-shifting statute of significance for either side given that expert fee expenses can be significant and can be awarded to the “winner” of a well-crafted 998 offer—all…
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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) arbitrations for the 10-year period of January 1, 2015-December 31, 2024, surveying 1,231 cases with fee awards. Only about 15% of FINDA arbitration awards include fee awards, likely because they…
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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 Florida Sixth District Court of Appeal (governing over around 10 Central Florida counties) in Ruffenach v. Deutsche Bank National Trust Co., 431 So.3d 1055 (Fla. App., 6th Dist. 2026) rejected a six-decades…