Cases: Allocation

Allocation, Section 1717, Reasonableness Of Fees: 4/3 DCA Affirms Contractual Fee Award To Prevailing Asserted Alter Ego Defendants To The Tune Of $203,940

Cases: Allocation, Cases: Reasonableness of Fees, Cases: Section 1717

No Apportionment Required Because Alter Ego Claims Were Involved On Both Causes Of Action; Assertion That Hourly Rates Should Be Lower Did Not Rebut Fee Claimant’s Attorney’s Declaration.             In Alvarado v. Freedman, Case No. G055918 (4th Dist., Div. 3 March 28, 2019) (unpublished), plaintiff sued defendants for loan repayment, based on a loan agreement […]

Allocation, Reasonableness Of Fees: Trial Court Properly Awarded 20% Of Fees Requested By Two Prevailing Plaintiffs In Wage Hour Dispute Where They Had Limited Success

Cases: Allocation, Cases: Reasonableness of Fees

Plaintiffs Recovered $8,500; Sought Fees Of $171,000; Were Awarded Fees Of $37,250.             Lack of success in a case can certainly impact fee recovery to prevailing parties, as Almaguer v. Newland Entities, Inc., Case No. C075662 (3d Dist. March 27, 2019) (unpublished), demonstrates.             There, two plaintiffs partially prevailed on certain labor/wrongful termination claims, but

Allocation, Substantiation Of Reasonableness Of Fees: City Prevailing On Cross-Complaint Could Not Obtain Recovery Of Unilateral Inverse Condemnation Fees, Which Could Only Be Awarded To Losing Cross-Complainants

Cases: Allocation, Cases: Substantiation of Reasonableness of Fees

Apportionment Was Required In This Context, Plus A Relook At “Block Billing” Despite A 20% Reduction By The Trial Judge On The First Go-Around.             In City of Patterson v. Patterson Hotel Associates, Case No. F074038 (5th Dist. Jan. 11, 2019) (unpublished), City of Patterson prevailed on its complaint and defensed a cross-complaint involving a

Allocation, Section 998, Trespass: 4/1 DCA Affirms Award Of $289,153.75 In Fees Under CCP § 1021.9 To Plaintiff Who Used Land For Intended Nursery Plantings As Against Neighboring Rock Quarry

Cases: Allocation, Cases: Section 998, Cases: Trespass

Section 1021.9 Applies To Land Characteristic As A Whole, Not Just Portion Of Land Trespassed Upon; Pre-Offer Fees And Costs Did Not Disturb The Result Under CCP § 998.             In Hoffman v. Superior Ready Mix Concrete, L.P., Case No. D072929 (4th Dist., Div. 1 Dec. 19 2018) (published), plaintiff owned property intended to be

Allocation, Indemnity: CFO Was Entitled To Attorney’s Fees Indemnification Under Corporations Code Section 317(d) For Win On Settlement Release Issue

Cases: Allocation, Cases: Indemnity

Remand Requires To Apportion Fees Expended In Establishing Validity Of Release And Defendants Against Fraud In The Inducement Claims—However, It Did Not Adopt Wilshire Test For Corporate Indemnification.             Protech Services, Inc. v. Gillette, Case No. C083975 (3d Dist. Dec. 6, 2018) (unpublished) is an interesting decision on the scope of mandatory indemnification under Corporations

Allocation: Contract/Tort Cross-Over Claims Did Justify $825,000 Fees/Costs Award Against Non-Prevailing Parties

Cases: Allocation

Hybrid Cases Can Be Expensive.             Keenan v. Souza, Case Nos. B276437 et al. (2d Dist., Div. 4 Oct. 24, 2018) (unpublished) was an LLC dispute with broad contractual fee recovery clauses. Needless to say, certain defendants/cross-complainants prevailed. The trial judge awarded over $825,000 in fees and costs to the prevailing parties, determining the contractual

Allocation, Costs: Defendant Independent Insurance Adjustor Properly Awarded $8,148.47 In Routine Costs

Cases: Allocation, Cases: Costs

Although Adjustor Was Represented Jointly With Two Nonprevailing Defendants, Costs Were Carefully Apportioned By Lower Court In Fashioning Costs Award.             In Owens v. Bynum, Case No. A152090 (1st Dist., Div. 3 Sept. 25, 2018) (unpublished), defendant independent insurance adjustor was awarded costs of $8,148.47 in routine costs against plaintiff after defendant won a demurrer

Allocation, Landlord-Tenant, Special Fee Shifting Statute: Defendant Alleged To Be Partner Of Landlord Properly Awarded Fees Of $45,930 Against Tenant, Minus A “Double Dip” Item

Cases: Allocation, Cases: Landlord/Tenant, Cases: Special Fee Shifting Statutes

One Unilateral San Francisco Ordinance Fee-Shifting Provision Did Not Show That Interrelated Fees Spent On Compensable Claims Could Not Be Allowed.             Bienkowski v. Lam, Case No. A151579 (1st Dist., Div. 5 Aug. 9, 2018) (unpublished) was a situation where a tenant sued a defendant as the undisclosed partner of landlord, alleging that he was

Allocation, Consumer Statutes, Costs: Consumer Plaintiff’s Win Against Car Assignee Did Require Remand Of Attorney’s Fees Decision To Allocate To The One Prevailing Claim Against Appealing Defendant And Required Rev. Of Expert Witness Fees As Costs

Cases: Allocation, Cases: Consumer Statutes, Cases: Costs

Appealing Defendant Picked Its Spots On Appeal, Awarded As Being Selective!             This next case is an illustration where a non-prevailing defendant on peripheral claims appealed selectively on an adverse attorney’s fees and costs award, handsomely awarded by being discreet in what it appealed.             In Ajis v. Foreman Financial, Inc., Case No. B280208 (2d

Allocation, Prevailing Party, Reasonableness Of Fees, Section 1717: $371,135 Fee Award To Prevailing Tenant Affirmed Where Breach Of Contract Jury Verdict Was Only $84,595

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717

Tenant Also Entitled To Costs And Appellate Fees For Winning On Appeal.             Strength Farm, LLC v. The Heron Family Trust, Case No. B285264 (2d Dist., Div. 8 July 25, 2018) (unpublished) illustrates that contractual fee recoveries do not have to proportionate to the compensatory breach of contract award (may even be more if tort

Scroll to Top