Cases: Billing Record Substantiation

Ninth Circuit Reverses Zero Section 1988 Civil Rights Fee Award Where Plaintiff Recovered On Some Theories Against Some Defendants

Cases: Billing Record Substantiation, Cases: Civil Rights

Federal Court of Appeals Neither Adopts a “Shocks the Conscience” Test Nor Endorses a “Block Billing Entries Denial” Fee Recovery Standard in Civil Rights Cases.             In Mendez v. County of San Bernardino, Case Nos. 05-56118, 06-56424, & 07-56029 (9th Cir. Aug. 27, 2008), Mendez and family members prevailed upon and lost […]

Winning Anti-SLAPP Defendant Receives Less Than 10% Of Requested Fees

Cases: Billing Record Substantiation, Cases: SLAPP, Cases: Standard of Review

Fourth District, Division Three Affirm Lower Court Determination That Requested Fees Were Excessive–Involving Overstaffing, Vague Block Billing, and Billing for Anti-SLAPP Motion Tasks.             Prevailing defendants in anti-SLAPP proceedings are entitled to attorney’s fees and costs.  Code Civ. Proc., § 425.16(c).  However, the prevailing defendant can only recover for anti-SLAPP activities, not

Fee Motion Substantiation–Do You Need to Attach Detailed Fee Billings That Reveal Attorney Client Information?

Cases: Billing Record Substantiation

Fourth District, Division One Answers “No” and Provide Adequate Substantiation Tips in Pair of Unpublished Decisions.             Numerous times, we have been asked and have visited the question of whether detailed fee billing statements, which may divulge attorney-client privileged information, need to be attached as exhibits to a fee motion.  The next

Block Billing: Commentators Disapprove the Practice and Courts Have Wide Discretion in Disregarding Block Billed Entries Altogether or Reducing by a Reasonable Percentage

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

State Courts Have Wide Discretion, While Federal Courts Usually Reduce By a Trial Court-Assigned Percentage.             Block billing is the practice of assigning a one-time charge to multiple tasks.  An example looks like this:  “June 10, 2008:  Telephone conferences with client, retained expert, and opposing counsel; legal research; meeting with expert and

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

In PRO PER APPELLANT LOSES CHALLENGES TO APPELLATE ATTORNEY FEE AWARD FOR BRINGING A FRIVOLOUS APPEAL OF AN ANTI-SLAPP ORDER

Cases: Billing Record Substantiation, Cases: Homeowner Associations, Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 3 Sanctions Losing In Pro Per Plaintiff By Affirming $40,000 Attorney’s Fees Award.             Previously, an in pro per litigant filed an anti-SLAPP motion to strike a fraudulent transfer complaint by an opponent.  (See Code Civ. Proc., §425.16 [anti-SLAPP statute].)  In pro per lost the motion, and the trial

UNSUPPORTED CHALLENGE OF “EXCESSIVENESS” OR “DUPLICATIVE WORK” BY APPELLANT CHALLENGING FEE AWARDS REJECTED BY COURT OF APPEAL

Cases: Billing Record Substantiation, Cases: Experts, Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Special Fee Shifting Statutes

Second District Affirms Award of Anti-SLAPP Fees to Defendant Where Fee Attacks Were Not Supported by Competent Evidence.                          When opposing a fee motion, a litigant should support challenges with competent evidence.  Such evidence can take the form of an expert witness or a particularized challenge to

DETAILED BILLING STATEMENTS ARE NOT AN ABSOLUTE REQUIREMENT IN FEE MOTION REQUESTS—BUT ARE HIGHLY ADVISABLE

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

DETAILED BILLING STATEMENTS ARE NOT AN ABSOLUTE REQUIREMENT IN FEE MOTION REQUESTS—BUT ARE HIGHLY ADVISABLE Third District Affirms Fee Award Based on Detailed Attorney Declaration, Holding Line Item Billing Statement Are Not An Absolute Requirement.             In Steiner v. Thexton, Case No. C054605 (3d Dist. May 28, 2008) (unpublished), the Third District

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