Cases: Allocation

Deadlines/Allocation: Work On Contract/Negligence Claims Were Intertwined, Justifying Recovery Of $91,819.58 In Fees In $39,335 Compensatory Award Case To Contractor As Against Property Owner

Cases: Allocation, Cases: Deadlines

  Appeal Was Timely, Given That Judgment Appeal Swept In Later Order Fixing Fees.     In Ducoing Enterprises, Inc. v. Patriot Paving, Inc., Case No. G051582 (4th Dist., Div. 3 June 15, 2016) (unpublished), a 3-0 decision authored by Justice Fybel, contractor won a $39,335 compensatory award against property owner in a complaint and a […]

Allocation/Fee Clause Interpretation: Losing Plaintiff In Integrated Contractual Relationship With Broad Fees Clause Rightly Hit With Contractual Fee Exposure

Cases: Allocation, Cases: Fee Clause Interpretation

  Allocation Between Defendants Was Not Necessary Where The Work Was Intertwined.      In Fleming v. Peloquin, Case No. E063069 (4th Dist., Div. 2 May 6, 2016) (unpublished), plaintiff investor in an LLC venture gone bad sued other parties who were either members or parties with involvement pursuant to both an Operating Agreement (where there

Allocation/Fee Clause Interpretation: $340,000 Fee Award To Former Attorney Who Became Operating Agreement LLC Member Affirmed On Appeal

Cases: Allocation, Cases: Fee Clause Interpretation

  Operating Agreement Fees Clause Was Broad, And No Allocation Needed With Respect To Time Spent On A Nominal Defendant.      This next case is very factually interesting in nature. In essence, the underlying dispute involved an attorney and clients having some claim to $12 million in California State Lottery winnings by a decedent. Attorney

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     In Asphalt Professionals, Inc. v. Emaron Homes, LLC, Case No. B261674 (2d Dist., Div. 6 Jan. 20, 2016) (unpublished), plaintiff lost a case against certain defendants (some of whom were sued as alter egos) under a construction contract with a

Allocation: Two Unpublished Decisions Address “To Apportion, Or To Not Apportion,” With Divergent Results Based On The Particular Facts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

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