Author name: William M. (Mike) Hensley

Consumer Statutes, Section 998: Where Contextual Reading Of Defense 998 Offer In Lemon Law Case Showed Defense Beat The Ultimate Judgment Based On Offer Terms, Matter Had To Be Remanded To Have Trial Judge Determine Preoffer And Postoffer Costs Due To Each Side

Cases: Consumer Statutes, Cases: Section 998

998 Offer Allowed For Costs/Fees to Plaintiff, Such That This Could Not Be “Double Dipped” Added To The Base 998 Offer Amount; Otherwise, Duplication Existed. Slater v. Ford Motor Co., Case No. G064350 (4th Dist., Div. 3 Sept. 24, 2026) (unpublished) is highly suggested reading for lemon law defense attorneys on how to craft an

Lodestar, Multipliers, Prevailing Party, Special Fee Shifting Statutes: Where Prevailing Plaintiff Won Substantial Trial And Appellate Victories On The Scope Of Penal Code Section 496(c), Substantial Fee Award Was Affirmed On Appeal With A Minor Remand Issue

Cases: Lodestar, Cases: Multipliers, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Lodestar, Not Contingency Fee Agreement Amount, Governed Work On Section 496(c) Work, Requiring A Remand On That Sole Issue. Siry Investments, L.P. v. Farkhondehpour, Case No. B340681 (2d Dist., Div. 2 Sept. 23, 2026) (unpublished) involved a long-ranging dispute between the parties with respect to the scope of relief and attorney’s fees allowed under Penal Code

Construction: Where General Contractor And Property Owner Obtained Lower Court Order Clarifying The Impact Of A Mechanic’s Lien Release Bond, The Lower Court Erred In Assessing Attorney’s Fees Of $4,250 Against Subcontractor Lien Claimant

Cases: Construction

Nothing In The Civil Code Provided Fee Entitlement. In T McGee Electric, Inc. v. FH II Homebuilders, Inc., Case No. D088372 (4th Dist., Div. 1 Sept. 22, 2026) (unpublished), defendants general contractor and property owner obtained a clarification order from a lower court as to the impact of a mechanic’s lien release bond for a

Hourly Rates: LegalCostGuides.com Reports That Clio Benchmark For California Attorneys Is $422 Per Hour Statewide

Cases: Hourly Rates

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

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

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

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,

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

Cases: Section 998

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

Nonsignatories, Reasonableness Of Fees, Section 1717: $313,830 Contractual Fee Award Under Medical Center’s By-Laws Affirmed On Appeal Against Plaintiff Physician

Cases: Nonsignatories, Cases: Reasonableness of Fees, Cases: Section 1717

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

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

Off Topics

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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