Cases: Allocation

Allocation, Employment, Section 998: Lower Court Did Not Abuse Its Discretion In Finding Employer Alter Ego Was Dismissed Under Section 998 Offer And Then Awarding Reduced Fees Against Employer For Unpaid Overtime Employee Claim

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

In The End, Only $10,000 In Fees Awarded Against Employer.             This next case addresses many issues we have posted on over the years—specificity in CCP § 998 offers and seeking reasonable fees on claims which should be allocated but are not.  Wu v. ABC Lucky Transportation, Inc., Case Nos. B323494/B326800 (2d Dist., Div. 1 […]

Allocation: Where Successful Claim Work Was Related To Unsuccessful Claim Work, Trial Court Did Not Abuse Its Discretion In Failing To Apportion Work On Unsuccessful Claim

Cases: Allocation

Approximate $600,000 Fee Award Affirmed On Appeal.             In O’Hara v. Liberty Rural County Fire Protection Dist., Case Nos. C096135 et al. (3d Dist. Dec. 19, 2023) (unpublished), plaintiff obtained a $3 million jury damages verdict based on Firefighters Procedural Bill of Rights (FPBOR) and federal civil rights (42 U.S.C. § 1988) claims, although he

Allocation, Requests For Admission, Special Fee Shifting Provision: 4/1 DCA Affirms Denial Of Fees To Prevailing Defendant Under Consumer Data Access And Fraud Act, But Remands For Determination Of RFA Costs-Of-Proof Sanctions For Request Denials

Cases: Allocation, Cases: Requests for Admission, Cases: Special Fee Shifting Statutes

Failure To Allocate Fatal On The CDAFA Claim, But Lack Of Any Evidence During A Jury Trial Meant Some Costs-of-Proof Sanctions Were in Order on Remand.             In Yeng Midas Touch, Inc. v. Phanichkul, Case No. D080981 (4th Dist., Div. 1 Nov. 29, 2023) (unpublished), plaintiff lost various tort and a claim under the Computer

Allocation: Major Portion Of $950,000 Attorney’s Fees Award Affirmed In Interrelated Trade Secret/Contractual Matter

Cases: Allocation

However, Some Portion of The Fee Recovery On An Unsuccessful, Non-Compensable Fraud Cross-Claim Had To Be Revisited Because Billings Showed Those Expenses Could Be Assessed.             Elations Systems v. Fenn Bridge, LLC, Case No. A165762 (1st Dist., Div. 3 Sept. 15, 2023) (unpublished) is an allocation/apportionment opinion which we commend litigators and others to read.

Allocation: In CFRA/Other Claims Case, Plaintiff’s Winning Only 2 Of 7 Claims On Appeal Required A Remand To Recalculate Fee Recovery

Cases: Allocation

Apportionment Principles Are To Be Considered On Remand.             In Buckman v. City of Los Angeles, Case No. B305192 (2d Dist., Div. 2 Aug. 2, 2023) (unpublished), plaintiff obtained a compensatory verdict of $288,306.23 on 4 out of 7 claims, including a California Family Rights Act (CFRA) claim giving rise to fee entitlement.  Plaintiff requested

Allocation, Probate: $441,295.63 Fee Award Under Probate Code Section 859, Which Incorporates Mandatory Elder Abuse Fee Shifting, Affirmed Against Removed Trustee On Appeal

Cases: Allocation, Cases: Probate

No Apportionment Required Because Elder Abuse and Fiduciary Duty Breach Claims Were Intertwined.             In Keading v. Keading, Case No. A153628 (1st Dist., Div. 3 Apr. 28, 2023) (unpublished), a beneficiary successfully obtained an elder abuse finding and successfully removed a trustee under Probate Code section 850, which allows a probate judge under related Probate

Allocation, Trade Secrets: $299,647.50 Fee Award Against Plaintiff For Bringing A Frivolous Trade Secret Misappropriate Case Affirmed On Appeal

Cases: Allocation, Cases: Trade Secrets

Lower Court Did Reduce The Fee Request About $121,000 In Fashioning Its Award.             We have a category “Trade Secrets” describing some fairly hefty fee “sanctions” awards under Civil Code section 3426.4, part of the California’s Uniform Trade Secrets Act.  To this list can be added the award in SASCO v. CSI Electrical Contractors, Inc.,

Allocation: 4/3 DCA Affirms Trial Court’s Apportionment Of Plaintiffs’ Fee Award Between Both Contractor And Subcontractor Where Subcontractor’s Contract With Plaintiffs Did Not Provide For Fee Recovery

Cases: Allocation

Statutory Basis Supported Plaintiff’s Recovery of Attorney Fees Directly From Subcontractor.             In Nassif v. Mission Pools of Escondido, Case No. G060433 (4th Dist., Div. 3 December 5, 2022) (unpublished), swimming pool contractor and subcontractor were sued for substandard work relating to the design and construction of a swimming pool.  Pursuant to the global

Allocation, Appealability, Partition: $790,967 Postjudgment Fees And Environmental Remediation Award Against Some Partitioning Parties Affirmed On Appeal

Cases: Allocation, Cases: Appealability, Cases: Partition

Lower Court Retains Lots Of Discretion To Apportion Fees in Partition Action.             DeMartini v. DeMartini, Case No. A160849 (1st Dist., Div. 1 June 7, 2022) (unpublished) is a reminder that the partition statutes allow a trial judge broad authority to award and apportion fees to parties in a partition action.  In this one, the

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