Cases: Allocation

Allocation, Indemnity, Reasonableness Of Fees: Defendant/Cross-Complainant Winning $48,511.50 On Certain Intentional Tort Claims And Defeating A Complaint In An Occupancy License Indemnity Dispute Properly Awarded $225,894 In Contractual Attorney Fees

Cases: Allocation, Cases: Indemnity, Cases: Reasonableness of Fees

Opposing Party Did Not Adequately Provide A Litigation History Roadmap, Never Suggested A Reduced Award Amount, And Never Attacked Specific Billing Entries; No Allocation Necessary Because Work Was Inextricably Intertwined.                Cubework.com, Inc. v. Solo Trading, Case No. B330959 (2d Dist., Div. 1 June 6, 2024) (unpublished) has some nice tips for what opposing parties […]

Allocation, Costs, Trade Secrets: Plaintiff Obtaining Permanent Injunction Was Entitled To Contractual Attorney’s Fees, But Fee Determination By Lower Court Remanded To Reconsider 75% Reduction In Request And Denial Of Discovery Work

Cases: Allocation, Cases: Costs, Cases: Trade Secrets

4/3 DCA Also Determined Contractual Expenses Must Be Pled And Proven As Damages, As Well As Reversed A Nonsuit On Whether The Trade Misappropriation Was Willful and Malicious.                In Applied Medical Distrib. Corp. v. Jarrells, Case No. G062056 (4th Dist., Div. 3 Mar. 8, 2024) (published), plaintiff former employer Applied sued former employee Jarrells

Allocation, Fee Clause Interpretation, Section 1717: Intervening Insurer Not Responsible For Fees To Prevailing Party, While Litigant Losing Alter Ego Arguments Was Responsible For Fees

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Section 1717

Lower Court Also Did Not Err By Awarding Insurer Rate Fees To A Prevailing Party, Apportioning Out Noncompensable Fees.                Yee v. Weinberg, Case No. A163850 et al. (1st Dist., Div. 4 Mar. 5, 2024) (unpublished) is a situation where a plaintiff landlord prevailed against defendant tenant, with landlord receiving some fees (but none against

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.,

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