Cases: Allocation

Allocation, Civil Rights, Multiplier: Cohabiting Unmarried Couple Tenants Winning $11,970 On FEHA Marital Discrimination Claim, Despite Losing Privacy Invasion And Quiet Enjoyment Claims, Properly Awarded $389,200 In Attorney’s Fees

Cases: Allocation, Cases: Civil Rights, Cases: Multipliers

Fees Properly Included A 1.3 Multiplier, With No Allocation Required Because Proof On FEHA And Other Claims Were Intertwined.             Plaintiff tenants, a cohabiting unmarried couple, sued a San Francisco defendant apartment owner for FEHA marital discrimination, invasion of privacy, and breach of the quiet enjoyment covenant based on owner’s actions in attempting to evict […]

Allocation, Reasonableness Of Fees: $45,000 Fee Award To Prevailing Party In Civil Harassment Restraining Order Case Affirmed On Appeal

Cases: Allocation, Cases: Reasonableness of Fees

Neighborhood Squabble Involving Dogs . . . . ARF!             Kinda hard to believe that neighbors can get into such nasty squabbles, but we chalk it up to human nature.  Unfortunately, dogs—which we believe to be great gifts to mankind—often times are at the center of these disputes.             In this one, Thomas v. Olshansky,

Allocation: Intertwined Contract/Tort Work Justified Fee Award

Cases: Allocation

Prevailing Party Was Entitled To Fee Recovery Of $67,830 Based On Fee Clauses In Notes.             In R&J Construction, Inc. v. Abadir, Case Nos. A153301/A154101 (1st Dist., Div. 5 May 10, 2019) (unpublished), prevailing party obtained a $67,830 fee recovery based on contractual fees provisions in several notes.  On appeal, the losing party argued that

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             In Alvarado v. Freedman, Case No. G055918 (4th Dist., Div. 3 March 28, 2019) (unpublished), plaintiff sued defendants for loan repayment, based on a loan agreement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

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