Author name: Marc Alexander

Consumer Statutes And Requests For Admissions: Court Of Appeal Denies Unfair Competition Defendants’ Request For Fees Under Section 17200 Or Under RFA Sanctions Statute

Cases: Consumer Statutes, Cases: Requests for Admission, Cases: Section 1717

No Basis For Fees Based On Defensed Claims; No Abuse of Discretion in Denying RFA Sanctions.       In Chichi v. Ennen, Case No. D053410 (4th Dist., Div. 1 Sept. 18, 2009) (unpublished), plaintiffs brought a class action under California’s unfair competition statute based on violations of several other California statutes. After plaintiffs rested their case-in-chief […]

Bankruptcy: Ninth Circuit BAP Issues An Illuminating Opinion On Block Billing And Travel Time Issues

Cases: Bankruptcy Efforts, Cases: Billing Record Substantiation

  Although Germane In Bankruptcy Context, Case May Be Helpful in Non-Bankruptcy Cases.      You readers of our blog are a constant source of inspiration. Today, we thank attorney Andrew L. Fagan of Santa Rosa for alerting us to a recent unpublished Ninth Circuit BAP decision that has interesting discussions of block billing and reimbursement

Fee Substantiation: Improper Authentication of Prior Counsel Fee Bills Costs Prevailing Party $141,283.75 In Ultimate Fee Recoupment

Cases: Costs, Cases: Substantiation of Reasonableness of Fees

  Demonstrative Evidence and Computer Related Expenses Were Properly Allowed As Routine Costs.      The next case is one that will remind practicing litigators to make sure they properly authenticate fee submissions in support of attorney’s fees request. The decision also has a nice discussion of some routine cost items that are recoverable in this

Prevailing Party and Nonstatutory Costs: Trial Court Award Of $643,606.76 In Fees Is Affirmed Even Though Defendant Eventually Lost Summary Judgment Trial and Appellate Segments

Cases: Costs, Cases: Prevailing Party

Court of Appeal Does Strike Nonstatutory Costs Award, Following Ripley Over Bussey.      In Gaggero v. Yura, Case No. B203780 (2d Dist., Div. 5 Sept. 14, 2009) (unpublished), defendant won a purchase agreement dispute with a contractual fees clause after the trial court found that a condition precedent—CC&Rs—was not agreed on between both sides. (Seller

Civil Rights: Court Of Appeal Affirms Lower Court’s Award of $6,659.15 To Plaintiff Who Had Limited Success And Recovered Only $5,000 In Disability Case

Cases: Civil Rights, Cases: Costs, Cases: Multipliers

Second District, Division 6 Rejects Plaintiff’s Request for Award of $114,895 in Fees and $27,441.35 in Costs.      Although the courts will award appropriate attorney’s fees to prevailing plaintiffs in civil rights disability cases, they will also discount for limited success and overinflated claims of complexity in litigation of the case.      Molski v. Evergreen

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