Cases: Allocation

Losing Plaintiff In Casino Marker Case Suffers $400,000 Attorney’s Fees Hit For Losing The Litigation, Two Appeals, And An Appellate Writ Proceeding

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

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 […]

REDEVELOPMENT AGENCY OF POMONA AWARDED OVER $4 MILLION IN FEES IN SUCCESSFUL DEFENSE OF WRONGFUL FORECLOSURE SUIT AND IN SUCCESSFUL PROSECUTION OF FRAUD/CONTRACT CROSS-CLAIMS

Cases: Allocation, Cases: Billing Record Substantiation, Cases: Reasonableness of Fees

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

POST-TRIAL ARBITRATION PROCEEDING NETS ATTORNEYS FEES FOR PREVAILING PARTIES WHO LOST AT TRIAL.

Cases: Allocation, Cases: Arbitration, Cases: War Stories

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,

DISCRETION, DISCRETION, DISCRETION: TRIAL JUDGES DO NOT HAVE TO CREDIT EXPERT TESTIMONY ON THE VALUE OF ATTORNEY SERVICES IN FEE CONTESTS.

Cases: Allocation, Cases: Experts, Cases: Standard of Review

Second District Unpublished Decision Affirms Trial Judge’s Rejection of Expert Testimony on the Value of Services in Deciding an Attorney’s Fees Motion.             Even unpublished decisions can contain instructive lessons for practitioners in opposing requests for attorney’s fees, reminding us all that the trial judge is the one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

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