First District, Division Three Affirms Large Fee Award and Adds Costs on Appeal in Favor of Contractor. Fee shifting statutes can have disastrous consequences, shifting the risk allocation in dramatic fashion such that fees get awarded to a winning party even though they dwarf the amount at issue in the underlying […]
Second District Affirms Large Fee Award Based on Indemnification Clause in the Parties’ Banking Account Agreement. In our July 12, 2008 post, we discussed what type of indemnification clauses can give rise to attorney’s fees exposure, with the upshot being that the answer depends on the specific wording of the clause
Second District Affirms Lower Court Award, Rebuffing Apportionment, Inadequate Fee Substantiation, and Reasonableness Challenges. Redevelopment Agency of the City of Pomona (RA) foreclosed on a $9.3 million loan made to plaintiffs for purposes of developing a retail commercial center. Plaintiffs pursued contract and wrongful foreclosure claims against RA, which primarily defended
Defendants in Real Estate Concealment Case Win at Arbitration and Get Partial Recoupment of Attorneys Fees. At a month trial in Orange County Superior Court, two individual clients of Mike Hensley suffered an adverse jury award of about $285,000. The clients sold their prior San Juan Capistrano house to plaintiff buyers,
Second District Unpublished Decision Affirms Trial Judge’s Rejection of Expert Testimony on the Value of Services in Deciding an Attorney’s Fees Motion. Even unpublished decisions can contain instructive lessons for practitioners in opposing requests for attorney’s fees, reminding us all that the trial judge is the one ultimately vested with discretion
