Cases: Allocation

Allocation/Reasonableness Of Fees: On Remand, $68,898 Apportioned Fees Out Of $179,000 Original Request Found Justified

Cases: Allocation, Cases: Reasonableness of Fees

  Originally, Only $1,050 Ordered, But Apportioned Amount Went Up When New Judge Assigned to Fix Fees on Remand.      This case has an interesting history, including a prior appeal which resulted in this decision after the case was remanded and attorneys’ fees were “re-fixed.” However, the post-remand appellate decision does have some great pointers […]

Allocation/Employment/Trade Secrets: Wage Nonpayment And Trade Secret Misappropriation Fee Recoveries To Prevailing Defendants Affirmed On Appeal

Cases: Allocation, Cases: Employment, Cases: Trade Secrets

  Interrelatedness of Contract/Wage Nonpayment Administrative Proceedings and Trade Secret Bad Faith Justified Sustaining of Lower Court Awards.      Plaintiff lost both DLSE administrative proceedings and a breach of contract/trade secret case against various defendants, with the lower court then awarding one defendant Labor Code section 98.2 fees of $43,881.25 for winning the DLSE appeal/beating

Allocation/Section 1717: Fee Clause In Forbearance Agreement Triggered To Allow Fee Recovery For Non-Contract Claim When Defense Based On Agreement Was In Play

Cases: Allocation, Cases: Section 1717

  $181,933 “Generous” Fee Award Not Out of Bounds.      LA Open Door Presbyterian Church v. Evangelical Christian Credit Union, Case No. B246853 (2d Dist., Div. 2 Oct. 4, 2013) (unpublished) is a situation where a defendant was voluntarily dismissed from a suit involving a contract (a written forbearance agreement with a fees clause). Although

Allocation/Section 1717: Plaintiff’s Failure To Prevail Upon Successor Liability Theory Justified Attorney’s Fees Award To Claimed Successor

Cases: Allocation, Cases: Section 1717

  Fee Clauses Not Broad Enough to Support Tort Claim Wins, So Case Remanded to Fix Fees And Determine If Any Apportionment Necessary.      Brown Bark III, L.P. v. Haver, Case No. G047198 (4th Dist., Div. 3 Aug. 26, 2013) (unpublished) involved a defendant alleged to be the continuation of a defunct defendant signatory to

Allocation/Lodestar/Reasonableness Of Fees: Former Employee Losing Wage/Hour Claims Hit With $150,519.36 Adverse Fee Award

Cases: Allocation, Cases: Lodestar, Cases: Reasonableness of Fees

  Hourly Rates by Defense Were Reasonable; No Apportionment Required.      Plaintiff, a former employee, sued defendant former employer for unpaid commissions, vacation time, and unreimbursed expenses, requesting an award of attorney’s fees upon prevailing under Labor Code sections 218.5 and 218.6 (wage/hour fee-shifting provisions). Plaintiff brought four causes of action, one of which was

Costs/Section 998: Winning 998 Winner Did Not Have To Allocate Costs Among “Lockstep” Plaintiffs In Costs Memorandum Where Plaintiffs Were Represented By Same Attorney

Cases: Allocation, Cases: Costs, Cases: Section 998

  Apportionment May Be Required In Response to Motion to Tax Costs, But Trial Court Erred By Not Allowing Allocation After Raising Apportionment Objection Sua Sponte.      Justice Bedsworth, for a 3-0 panel, held in Morris v. Wilson, Case No. G047534 (4th Dist., Div. 3 June 20, 2013) (unpublished) that a defendant is not required

Allocation/POOF!/Special Fee Shifting Statutes: $952,142.50 Fee Award Evaporates Upon Reversal of Merits

Cases: Allocation, Cases: POOF!, Cases: Special Fee Shifting Statutes

       The Second District, Division 4 in Nevarrez v. San Marino Skilled Nursing and Wellness Centre, Case No. B235372 (2d Dist., Div. 4 June 5, 2013) (published) reversed an Elder Abuse Act substantial jury verdict, even though the plaintiff also prevailed on a Patient’s Bill of Rights claim, with both schemes having a fee

Prevailing Party/Section 1717/Substantiation Of Fees/Allocation/Reasonableness Of Fees: Tobacco I Case Now Certified For Publication

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

"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe".  1924.  Library of Congress.       In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with

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