Cases: Allocation

Allocation/Civil Rights/Costs/Reasonableness Of Fees: $158,880.50 Fee Award To Unruh Act Plntf Remanded For Review To Exclude Fees For A Co-Defendant’s Work, Limited Success In Light Of injunctive Modification, And Elimination Of Clerical Work Billing

Cases: Allocation, Cases: Civil Rights, Cases: Costs, Cases: Reasonableness of Fees

Costs Award Affirmed, But Fee Award Remanded For A Further Re-Do.              In Hernandez v. Starbucks Coffee Co., Case Nos. H042848/H043393 (6th Dist. June 20, 2018) (unpublished), plaintiff successfully sued Starbucks for Unruh Act accessibility barrier discrimination at a San Jose store. Plaintiff was awarded statutory damages of $4,000 (although not winning all accessibility claims) […]

Allocation, Reasonableness Of Fees: Trial Judge’s Apportionment Of Fees In Multi-Defendant Representation And Award Of Appellate Fees Was No Abuse Of Discretion

Cases: Allocation, Cases: Reasonableness of Fees

4/1 DCA Rejected Arguments By Winning Fee Claimant And Losing Party In Contentious Fee Battle On Remand From Prior Appellate Opinion.            Bank of Southern California, N.A. v. D&D Goryoka, Inc., Case No. D072231 (4th Dist., Div. 1 June 13, 2018) (unpublished) was an appeal from an attorney’s fees award from a prior appellate decision remand

Allocation, Homeowner Associations: Neighbor Winning $784,208 In Damages Against Another Neighbor Based On CC&R/Nuisance/Prospective Economic Advantage Damages Properly Awarded CC&R Fees Of $363,571.56

Cases: Allocation, Cases: Homeowner Associations, Cases: Record

Lack Of Fee Hearing Transcript Meant No Adequate Record On Appeal; However, Claims Looked To Be Interrelated Such That No Apportionment Was Required.                We have noticed an increasing trend among appellate courts to affirm fee awards or fee denials where the appealing litigant failed to provide a reporter’s transcript, especially where abuse of discretion

Allocation, Employment, Section 998: Trial Judge Correctly Awarded Substantial Fees And Costs On Labor Code Vacation Pay Claim, In 2-1 Appellate Decision

Cases: Allocation, Cases: Employment, Cases: Section 998

Vacation Pay Award Totaled $28,500, With Prevailing Plaintiff Winning Subsequent Fees Of $495,549.75 And Costs Of $84,035.40.             Curran v. Schools of the Sacred Heart-San Francisco, Case Nos. A142615/A143646 (1st Dist., Div. 2 June 5, 2018) (unpublished) was a case where plaintiff, dean of students at defendant, did not have her contract extended after 37

Allocation, Homeowner Associations: Judge Presiding Trial Did Not Abuse His Discretion By Failing To Apportion Fee Work Between Contract and Noncontract Claims Where Work On These Claims Was Inextricably Intertwined

Cases: Allocation, Cases: Homeowner Associations

Plus . . . Lower Court Did Significantly Reduce Fee Request In Awarding $507,000 In Fees And $33,699 In Costs To HOA.             We repeatedly have demonstrated in posts how homeowner association disputes can be a pricey proposition, depending on which side prevailed (or, for that matter, where no side has been found to prevail).

Allocation/Fee Clause Interpretation:  $66,103 Fee Award Against Losing Plaintiff/Cross-Defendant Affirmed Based On Broad Fees Clause And Common Intersection of Complaint And Cross-Complaint Claims

Cases: Allocation, Cases: Fee Clause Interpretation

Underlying Dispute Related To A Grading Of Dr. J’s 1972 Trading Card.             This next case illustrates an interesting application of attorney’s fees principles we have seen in many cases to a dispute over grading of a Dr. J trading card.  Let’s get to it.             In Knafo v. Collectors Universe, Inc., Case No. G055112

Allocation/Reasonableness Of Fees:  Guarantors Obtaining Assignment Of Lender Rights Correctly Hit With About $400,000 In Attorney’s Fees Under Operative Fee Clause  

Cases: Allocation, Cases: Reasonableness of Fees

  Apportionment And Excessive Fee Challenges Did Not Prevail On Appeal.             In Thompson v. T.D. Service Co., Case No. A148281 (1st Dist., Div. 5 Jan. 31, 2018) (unpublished), a trustee under a deed of trust made a mistaken full credit bid at an initial nonjudicial foreclosure sale even though the mistake was corrected in

Allocation/Deed Of Trust/Section 1717:  Lender Appropriately Awarded $60,000 In Borrower Dispute Under Section 1717

Cases: Allocation, Cases: Deeds of Trust, Cases: Section 1717

Trial Judge Allocated Compensable Fees Lower From The $128,187.50 Attorney’s Fee Request.             In Rufini v. CitiMortgage, Inc., Case Nos. A148049/A149410 (1st Dist., Div. 3 Jan. 30, 2018) (unpublished), borrower lost a loan dispute against lender.  Lender then sought $128,187.0 in attorney’s fees under a deed of trust fees clause, with the trial judge eventually

Allocation, Equity, Special Fee Shifting Statute:  Prevailing School District Properly Awarded $113,216 In Attorney’s Fees Under Public Contract Code Section 7107

Cases: Allocation, Cases: Equity, Cases: Special Fee Shifting Statutes

Public Prompt Payment Statute Allows For Recovery Of Fees By Prevailing Party.             Public Contract Code section 7107 allows the prevailing party to recover attorney’s fees and costs in a suit alleging that a public entity or contractor wrongfully withheld retention payments required to be distributed in a timely manner.  This fee statute is bilateral

Allocation, Prevailing Party, Reasonableness Of Fees:  $32,133.50 Fee Award Arising Out Of Plaintiff’s $5,159.77 Easement Dispute Victory Affirmed On Appeal

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

Fees Were Reasonable, Plaintiffs Were Successful, And No Apportionment Required.             Neighbors, which happens more frequently than one might suppose, got into a dispute over a negative easement involving an excavation ban within 10 feet of the base of certain trees along their shared property, with the dispute based upon a settlement agreement in Biggs

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