Cases: Allocation

Allocation, Prevailing Party, Substantiation Of Reasonableness Of Fees: $390,000 Fee Award To Prevailing Defendants, Some Of Whom Were Alleged To Unsuccessfully Be Alter Egos, Is Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

  Fee Substantiation Issues Do Not Preclude An Award Of Fees To Prevailing Parties.     In Asphalt Professionals, Inc. v. Emaron Homes, LLC, Case No. B261674 (2d Dist., Div. 6 Jan. 20, 2016) (unpublished), plaintiff lost a case against certain defendants (some of whom were sued as alter egos) under a construction contract with a […]

Allocation: Two Unpublished Decisions Address “To Apportion, Or To Not Apportion,” With Divergent Results Based On The Particular Facts

Cases: Allocation

       The next two cases indicate that decisions to apportion fees for “fee eligible” versus “non-fee eligible” work almost always depend on the facts and circumstances of the case, especially where there are clear avenues to make an apportionment. However, if everything is truly intertwined, trial judges have broad discretion to decide not to

December 17, 2015 Unpublished Fee Decisions—Three Reversals, Two Affirmances On Variety Of Issues

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs, Cases: Family Law, Cases: Settlement

  Allocation—Artefex LP v. Bushman, Case No. B260737 (2d Dist., Div. 6 Dec. 17, 2015) (Unpublished).     In this one, plaintiffs won $15,000 on a contract breach claim after voluntarily dismissing tort claims, with the trial judge then awarding $191,256 in fees and $11,778.37 in costs based on a fees clause.  The 2/6 DCA reversed

Allocation, Civil Rights, Costs: Apportionment Not Necessary If Claims Inextricably Intertwined And Routine Costs Against Losing Civil Rights Plaintiff Remanded For A Re-Do

Cases: Allocation, Cases: Civil Rights, Cases: Costs

  Painter v. Francis Realty, Inc., Case No. C078106 (3d Dist. Oct. 6, 2015) (Unpublished)—Allocation.      After reversing the fee award and remanding to see if apportionment was required between tort and contract claims under Civil Code section 1717 (with only contract claims compensable under section 1717), the trial judge determined the tort and contract

Allocation/Deadlines/Reasonableness Of Fees/SLAPP: $19,012.29 Fee Recovery Upheld In Fee Proceeding Against Voluntarily Dismissing Plaintiffs

Cases: Allocation, Cases: Deadlines, Cases: Reasonableness of Fees

  Lots of Procedural, Allocation, and Reasonableness Challenges Rejected.     In Save Westwood Village v. Luskin, Case No. B257354 (2d Dist., Div. 2 Aug. 18, 2015 posting) (unpublished), defendants brought a SLAPP motion, triggering plaintiffs to voluntarily dismiss them from the case.  However, the trial court determined the merits of the SLAPP motion, granted it,

Allocation, Prevailing Party: Plaintiffs In Anti-Semitic Hotel Exclusion Case Get More Attorney’s Fees On Remand And For Appellate Win

Cases: Allocation, Cases: Prevailing Party

  This Is An Update For Our December 20, 2014 Post On An Unpublished Appellate Decision.     On December 30, 2014, we posted on Paletz v. Adaya, a Second District, Division 3 unpublished decision affirming most of a substantial attorney’s fees award of $2.1 million in favor of plaintiffs, except for a minor reallocation issue

Allocation/Special Fee Shifting Statute: Plaintiff Winning Breach Of Lease And Fraudulent Transfer Claims Only Allowed Fees For Lease Breach Claim

Cases: Allocation, Cases: Special Fee Shifting Statutes

  Award Of $101,154 Out Of Requested $337,180 In Fees Affirmed On Appeal.     Plaintiff prevailed on both breach of lease and fraudulent transfer claims against the defense, with the lease having a fees clause allowing for recovery of fees geared to “enforce” the contract.  When it came time to move for attorney’s fees, plaintiff

Allocation, Employment, Section 998: Plaintiff Accepting 998 Offer Entitled To Labor Code Fees For Inextricably Intertwined Wage-Hour/Overtime/Failure To Maintain Records Claims

Cases: Allocation, Cases: Employment, Cases: Section 998

  Although Meal And Rest Break Claims Would Not Trigger Fee Recovery, Other Claims Did The Trick.      Barnes v. Cedars-Sinai Medical Center, Inc., Case No. B255034 (2d Dist., Div. 1 July 29, 2015) (unpublished) is an interesting 998/apportionment case which has some lessons for both plaintiffs and the defense in the Labor Code violations

Allocation, Prevailing Party, Substantiation Of Fees: Looks Like Prevailing General Contractor Garnered Over $403,000 In Attorney’s Fees/Expenses For Obtaining Compensatory Damages Of Around $141,467.21

Cases: Allocation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

  Trial Court Did Not Abuse Discretion In Fee Award On Remand From Prior Appeal.     Barham Construction, Inc. v. City of Riverbank, Case Nos. F068373/F068914 (5th Dist. July 21, 2015) (unpublished) involved a situation where a general contractor for a skate project in Riverbank won a prior trial, with City being held responsible for

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