Cases: Allocation

Allocation, Homeowner Associations, Lodestar: Plaintiff Replacement Trustee Losing Condo Fire Repair Lawsuit Under Governing Documents And Interrelated Tort Claims Properly Assessed With Attorney’s Fees In Favor Of HOA And Condo Manager

Cases: Allocation, Cases: Homeowner Associations, Cases: Lodestar

$102,547.50 Was The Award, With No Apportionment Necessary And With It Being Reasonable In Nature. LaPay v. The Fairways Homeowner’s Assn., Case No. E082827 (4th Dist., Div. 2 Jan. 23, 2026) (unpublished) is a case showing how an HOA acted reasonably in making fire-related damage repairs when it could not locate an owner and demonstrating […]

Allocation, Section 1717: Appellate Court Affirms A Substantial Fee And Costs Award In A Mixed Contract/Tort Case Based On Santisas

Cases: Allocation, Cases: Section 1717

Case Drew Three Opinions, A Concurrence Finding 70% Defense Allocation For Tort Claims Was Reasonable, But With A Dissenting Justice Finding More Delineation Between Contract/Tort Claims Was In Order. Santisas v. Goodin, 17 Cal.4th 599 (1998) [our Leading Case #6] was substantively upfront and center in National Merchants Assn. v. Commercial Bank of California, Case

Allocation, Costs, Employment: Trial Court Did Not Abuse Its Discretion In Denying Costs To The Winning Defendant On Non-FEHA Claim

Cases: Allocation, Cases: Costs, Cases: Employment

Defense Should Have Apportioned In Its Moving Papers Or Asked For Supplemental Briefing Opportunity.             In Janisse v. MLK-L.A. Healthcare Corp., Case No. B326593 et al. (2d Dist., Div. 4 Sept. 3, 2025) (unpublished), plaintiff brought FEHA/whistleblower, and non-FEHA claims against defendant. Plaintiff lost all of her claims after a jury trial. The defense

Allocation, Prevailing Party, Section 1717: In A Dispute With Dueling Claims Involving A Purchase Of A Senior Housing Facility, Sellers Properly Were Awarded $722,530.01 In Attorney’s Fees For Breach Of An Escrow Holdback Agreement

Cases: Allocation, Cases: Prevailing Party, Cases: Section 1717

Sellers Wanted Over $2.5 Million—Did Not Happen, Based On Lower Court’s Apportionment Which Was Found Appropriate.                Where different contracts are involved and no success/limited success is involved, California law gives deference to a lower court to fashion a reasonable award and even apportion fees based on the facts.  That is what occurred in Life

Allocation, Civil Rights: Plaintiff Prevailing on a Bane Act Claim Awarded $829,702.50 In Attorney’s Fees

Cases: Allocation, Cases: Civil Rights

Although She Was Unsuccessful On Some Claims, The Work Was Interrelated Such That Neither Allocation Nor A Further Reduction Was Required.                In Gonzalez v. County of Fresno, Case No. F086776 (5th Dist. Apr. 16, 2025) (unpublished), plaintiff recovered on a Bane Act claim (which has a fee-shifting statute), even though she failed to recover

Allocation: Where Trial Judge Asks For Allocation Based On Partial Success Of Different Claims, You Need To Do A Rigorous Apportionment

Cases: Allocation

Requests Totaling $427,102.50 For Partially Prevailing Defendants/Cross-Complainants Reduced To Awards Totaling $141,904.94 Based On Failure to Specifically Apportion.                Apportionment of attorney’s fees among claims generally is a discretionary call for the trial judge, even though allocation should be undertaken unless the attorney work was inextricably intertwined on the claims (which is an after-the-fact determination

Allocation: Prevailing Party On Two Previous Appeals Won More Fees Because The Opposing Parties Did Not Show Why Further Fees Were Unwarranted

Cases: Allocation

Because Complaint And Cross-Complaint Had Common Core Facts/Issues Which Were Inextricably Intertwined, No Apportionment Was Required—Discretionary, Only. Etched stone at the Robert T. Matsui U.S. Courthouse, Sacramento, California.  Carol M. Highsmith, photographer. October 2009. Library of Congress.                 In Direct Action Everywhere San Francisco Bay Area v. Hsiung, Case No. A169536 (1st Dist.,

Allocation, Employment, Reasonableness Of Fees, Section 998: Costs-Shifting Under CCP § 998 Displaced By More Specific Labor Code Provisions Relating To Costs For Or Against A Prevailing Employee

Cases: Allocation, Cases: Employment, Cases: Reasonableness of Fees, Cases: Section 998

However, In Unpublished Part Of Decision, Appellate Court Affirmed A Small Fee Award Where Counsel Failed To Follow Lower Court’s Supplemental Briefing/Proof Instructions.                Chavez v. California Collision, LLC, Case No. A167658 (1st Dist., Div. 3 Dec. 10, 2024) (partially published; fee discussion unpublished) is part of a continuing trend for appellate courts to honor

Allocation, Deadlines, Family Law: $72,776.25 Appellate Fee Award To Ex-Husband For Ex-Wife’s Breach Of Fiduciary Duties Affirmed On Appeal, Although Husband Lost Section 271 Sanction Request

Cases: Allocation, Cases: Deadlines, Cases: Family Law

Lower Court Impliedly Extended The Fee Filing Deadline, With The Failure To File An Income/Expense Statement Found Nonprejudicial In Nature.                Bryan v. Bryan, Case No. E080311 (4th Dist., Div. 2 July 1, 2024) (unpublished) is a case where ex-husband was awarded $72,776.25 in appellate fees (out of a requested $90,000) for winning an appeal

Allocation, Indemnity, Reasonableness Of Fees: Defendant/Cross-Complainant Winning $48,511.50 On Certain Intentional Tort Claims And Defeating A Complaint In An Occupancy License Indemnity Dispute Properly Awarded $225,894 In Contractual Attorney Fees

Cases: Allocation, Cases: Indemnity, Cases: Reasonableness of Fees

Opposing Party Did Not Adequately Provide A Litigation History Roadmap, Never Suggested A Reduced Award Amount, And Never Attacked Specific Billing Entries; No Allocation Necessary Because Work Was Inextricably Intertwined.                Cubework.com, Inc. v. Solo Trading, Case No. B330959 (2d Dist., Div. 1 June 6, 2024) (unpublished) has some nice tips for what opposing parties

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