Cases: Allocation

Allocation/Equity/Trade Secrets: Where Default Judgment Reversed For 3 Out Of 4 Defendants, Attorney’s Fees Had To Be Revisited Although Fourth Defendant Conceded Liability.

Cases: Allocation, Cases: Equity, Cases: Trade Secrets

  Complaint Prayer Gave Notice, But Fee Amount “Re-do” Necessary on Remand.      In Lawson-Hawks Ins., Inc. v. McVey Ins. Broker, Inc., Case No. H038466 (6th Dist. July 22, 2014) (unpublished), plaintiff sued four defendants (an insurance agency, an insurance brokerage company, and certain agents) for willful violation of trade secrets. Plaintiff obtained a default […]

Allocation/Section 1717: $41,350 Fee Award Reversed Because Only One Claim Was “On The Contract” Under 1717 And No Apportionment Decisions Made By Lower Court

Cases: Allocation, Cases: Section 1717

  Silence in the Record as to Apportionment Required Remand.      The Third District in Painter v. Francis Realty, Inc. Profit Sharing Plan, Case No. C073864 (3d Dist. June 23, 2014) (unpublished) considered a situation where a borrower under a promissory note/deed of trust brought multiple causes of action against creditor. The problem was that

Allocation/Prevailing Party/Reasonableness Of Fees/Special Fee Shifting Statute: Two Tenants Recovering Fees Of $184,330.40 In Tenant Ordinance Dispute Keep Them On Appeal Against Landlord Defendants

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

  Fee Award Did Not Have To Be Proportional To $45,441 Jury Verdict Recovery.      In Ochoa v. San Juan, Case Nos. A130993/A131051 (1st Dist., Div. 2 June 9, 2014) (unpublished), the appellate court considered the review of a $184,330.40 to two tenants under a tenant ordinance/ local proposition with prevailing party provisions even though

Allocation/Reasonableness Of Fees/Section 1717: LLC Member Fee Recovery Of Around $327,000 In Fees Affirmed On Appeal

Cases: Allocation, Cases: Reasonableness of Fees

  Apportionment and Mitigation Arguments Rejected By Reviewing Court.      Hill v. Degery, Case No. H038874 (6th Dist. June 9, 2014) (published) is a situation where, after an earlier appeal reversing a fee denial, an LLC member was granted fees based on its statutory immunity defense that it could not be liable unless its conduct

Allocation/Reasonableness Of Fees/Section 1717: $125,000 Fee Recovery By Plaintiff On Rescission Claim Was “On The Contract” Under Section 1717

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

  However, Fee Recovery Modified to Allow Recovery Against Only Losing Signatory Defendant.      Plaintiff, after losing her investment in a security, sued various parties involved in its sales and packaging, with a jury ultimately awarding her $196,058.33 on fraud, fiduciary duty breach, negligence, and negligent misrepresentation claims. The lower court then awarded $125,000 (out

Allocation/Reasonableness Of Fees/Section 998/Section 1717: $327,553 Fee Award To Plaintiff Residential Tract Developer, Which Won $126,818.62 At Trial, Sustained Under Broad Contractual Fees Clause

Cases: Allocation, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Section 998

  Section 998 Calculation of Preoffer Fees/Costs Sealed the Result.      Frontier Land Companies v. Jeld-Wen, Inc., Case No. C064351 (3d Dist. May 22, 2014) (unpublished) is a case involving contractual/indemnity claims by plaintiff residential home builder against defendant window/door subcontractor. At trial, plaintiff claimed damages of $245,066.82, but the defense countered damages were at

Allocation/Section 1717: No Apportionment Of $40,630.25 Fee Award Required Where Defensive Work Was Intertwined With Future Cross-Complaint Work

Cases: Allocation, Cases: Section 1717

  Fee Award Followed $201,495.14 Damages Award To Former Client of Co-Contributor Mike.      For you car buffs, Canepa Design v. Mazzotta, Case No. H038631 (6th Dist. May 20, 2014) (unpublished) is a good read about a dispute over delivery of a 1958 Porsche Carrera GT, mainly focusing on whether it needed a properly functioning

Allocation/Special Fee Shifting Statute: Winning Litigant Under Elder Abuse Claim Garners $156,346 In Attorney’s Fees

Cases: Allocation, Cases: Special Fee Shifting Statutes

  No Apportionment Required Because Everything Involved Same Facts/Misconduct Allegations.      Winning litigant in Sanders v. Garfield Langmoir-Logan, Case No. G048524 (4th Dist., Div. 3 May 14, 2014) (unpublished) won an elder abuse claim, which has a fee-shifting statute in favor of the prevailing party under Welfare and Institutions Code section 15657.5(a). The lower court

Allocation/Intellectual Property/Reasonableness Of Fees: Plaintiff Prevailing On Trade Misappropriation Claim To The Tune Of $1,513,400 Also Entitled To Statutory Fees Of $3,297,102.50

Cases: Allocation, Cases: Intellectual Property, Cases: Reasonableness of Fees

  Published Part of Opinion on Fee Issues Focuses on Reasonable Hourly Rates in Court Venue.      Altavion, Inc. v. Konica Minolta Systems Laboratory Inc., Case Nos. A134343/A135831 (1st Dist., Div. 5 May 8, 2014) (partially published; fee discussion on hourly rates published but rest of fee discussion unpublished) dealt with both the merits of

Allocation/Section 1717/Substantiating Reasonableness Of Fees: Realtor/Broker Defensing Sellers’ Tort Claims And Winning Broker Compensation Cross-Claim Gets Contractual Fees Against Real Estate Plaintiffs/Sellers

Cases: Allocation, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Not Every Attorney Must Attest to Substantiation of Hours in Fee Petition.      In Anelle v. Tran, Case No. G048072 (4th Dist., Div. 3 Apr. 15, 2014) (unpublished), realtor/broker defendants defensed plaintiffs/sellers’ tort claims from a failed real estate transaction and also recovered listing compensation on a cross-claim where the listing agreement did contain

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