Cases: Allocation

Allocation: Where Trial Judge Asks For Allocation Based On Partial Success Of Different Claims, You Need To Do A Rigorous Apportionment

Cases: Allocation

Requests Totaling $427,102.50 For Partially Prevailing Defendants/Cross-Complainants Reduced To Awards Totaling $141,904.94 Based On Failure to Specifically Apportion.                Apportionment of attorney’s fees among claims generally is a discretionary call for the trial judge, even though allocation should be undertaken unless the attorney work was inextricably intertwined on the claims (which is an after-the-fact determination […]

Allocation: Prevailing Party On Two Previous Appeals Won More Fees Because The Opposing Parties Did Not Show Why Further Fees Were Unwarranted

Cases: Allocation

Because Complaint And Cross-Complaint Had Common Core Facts/Issues Which Were Inextricably Intertwined, No Apportionment Was Required—Discretionary, Only. Etched stone at the Robert T. Matsui U.S. Courthouse, Sacramento, California.  Carol M. Highsmith, photographer. October 2009. Library of Congress.                 In Direct Action Everywhere San Francisco Bay Area v. Hsiung, Case No. A169536 (1st Dist.,

Allocation, Employment, Reasonableness Of Fees, Section 998: Costs-Shifting Under CCP § 998 Displaced By More Specific Labor Code Provisions Relating To Costs For Or Against A Prevailing Employee

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

However, In Unpublished Part Of Decision, Appellate Court Affirmed A Small Fee Award Where Counsel Failed To Follow Lower Court’s Supplemental Briefing/Proof Instructions.                Chavez v. California Collision, LLC, Case No. A167658 (1st Dist., Div. 3 Dec. 10, 2024) (partially published; fee discussion unpublished) is part of a continuing trend for appellate courts to honor

Allocation, Deadlines, Family Law: $72,776.25 Appellate Fee Award To Ex-Husband For Ex-Wife’s Breach Of Fiduciary Duties Affirmed On Appeal, Although Husband Lost Section 271 Sanction Request

Cases: Allocation, Cases: Deadlines, Cases: Family Law

Lower Court Impliedly Extended The Fee Filing Deadline, With The Failure To File An Income/Expense Statement Found Nonprejudicial In Nature.                Bryan v. Bryan, Case No. E080311 (4th Dist., Div. 2 July 1, 2024) (unpublished) is a case where ex-husband was awarded $72,776.25 in appellate fees (out of a requested $90,000) for winning an appeal

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

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