Cases: Civil Rights

Civil Rights: District Court’s Denial Of § 1988 Fees To Civil Rights Plaintiff Obtaining Expansion Of Laguna Beach’s Public Amplification Restrictions Was Reversed

Cases: Civil Rights

  Simply Because Plaintiff Only Obtained $1 In Damages Did Not Diminish His Forward-Looking Conduct Success In The Case.      In Klein v. City of Laguna Beach, No. 13-56973 (9th Cir. Jan. 14, 2016) (published), plaintiff brought an as-applied civil rights challenge to Laguna Beach’s ordinance containing restrictions on the use of amplification devices on

Lodestar/Civil Rights: Sixth District Reverses Civil Rights Fee Award, 80% Of Requested Amount, Based On Trial Judge’s Failure To Provide A Meaningful Explanation Of The Reduction

Cases: Civil Rights, Cases: Lodestar

  Court of Appeal Applies Ninth Circuit’s Gates And Moreno Decisions.            Getting a haircut.  Camp Shelby.  1941.  William Perlitch, photographer.  Library of Congress.    Kerkeles v. City of San Jose, Case No. H040915 (6th Dist. Dec. 18, 2015) (published) is a significant 2015 end-of-the year decision, where an appellate court adopted the Ninth Circuit’s

Civil Rights: $870,720.63 Fee Award To Winning FEHA Plaintiff Affirmed On Appeal Where $749,999 In Compensatory Damages Awarded By Jury

Cases: Civil Rights, Cases: Multipliers

  1.25 Multiplier Sustained; Reversal of One Intertwined Retaliation Claim Did Not Require Reconsideration Of Fee Award. William A. Offutt, winner of adding machine operators contest, 1937.  Library of Congress.     In Warehime v. Farmers Ins. Exchange, Case No. F068843 (5th Dist. Dec. 15, 2015) (unpublished), plaintiff brought a four-count FEHA inspired suit against Farmers,

Civil Rights, Employment, Family Law, Probate, Settlement: Four Unpublished “Power Ball” Post

Cases: Civil Rights, Cases: Employment, Cases: Family Law, Cases: Probate, Cases: Settlement

  Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law.     In this one, after an evidentiary hearing in which the court dismissed a domestic violence restraining order (DVRO), the prevailing party recovered $7,500 out of a requested $15,800 in fees.  The fee-assessed, losing party appealed, but to no

Civil Rights, Multiplier, Reasonableness Of Fees: Multiplier Determination Remanded But Bulk Of Fee Determinations Sustained In Longstanding Civil Rights Case

Cases: Civil Rights, Cases: Multipliers, Cases: Reasonableness of Fees

  Out-of-Town Counsel Use/High Hourly Rates And Positive Multiplier Enhancement Dominate Discussion In Lengthy Unpublished Decision From Riverside DCA.      Although this case should be of interest to civil rights practitioners on the merits (discussing various evidentiary and instructional error issues), Ruelas v. Harper, Case No. E051961 (4th Dist., Div. 2 Oct. 6, 2015) (unpublished)

Allocation, Civil Rights, Costs: Apportionment Not Necessary If Claims Inextricably Intertwined And Routine Costs Against Losing Civil Rights Plaintiff Remanded For A Re-Do

Cases: Allocation, Cases: Civil Rights, Cases: Costs

  Painter v. Francis Realty, Inc., Case No. C078106 (3d Dist. Oct. 6, 2015) (Unpublished)—Allocation.      After reversing the fee award and remanding to see if apportionment was required between tort and contract claims under Civil Code section 1717 (with only contract claims compensable under section 1717), the trial judge determined the tort and contract

Civil Rights/Reasonableness Of Fees: Ninth Circuit Reverses District Court Award Of Reduced Fees On Numerous Grounds In Civil Asset Forfeiture Reform Act Case

Cases: Civil Rights, Cases: Reasonableness of Fees

  Case Is A Primer On How To Satisfy Lodestar Factor And Fight An Award Reduced By A District Judge, Whether In CAFRA Or Other Cases.      In U.S.A. v. Moser, No. 13-55266 (9th Cir. Oct. 6, 2015) (published), the Ninth Circuit, in a majority decision by Circuit Judge Hurwitz and a concurrence by Circuit

Probate, Private Attorney General, Civil Rights, Costs, Discovery Sanctions: Lots Of Topics Covered In Four Unpublished Decisions For September 29, 2015

Cases: Civil Rights, Cases: Costs, Cases: Discovery, Cases: Private Attorney General (CCP 1021.5), Cases: Probate

  Chang v. Chang, Case No. G049309 (4th Dist., Div. 3 Sept. 29, 2015) (Unpublished; Ikola, J.).—Probate.     In this and a companion appeal, the appellate court cut some surcharges to the trustee of about $345,000.  Because of this companion ruling, the appellate court sent back a $187,900 fee award against trustee and in favor

Civil Rights: District Judge Awarding Only About $50,000 In Attorney’s Fees Under IDEA, When Request Was $1.4 Million, Erred According to Ninth Circuit

Cases: Civil Rights

  District’s Settlement Offer, When Viewed Pragmatically, Gave Parents Substantial Justification To Reject It As Compared To The Ultimate Relief.      For those of you practicing or interested in the area governed by the Individuals with Disabilities Education Act (IDEA), this next case is must reading, especially given the lengthy discussion of fee recovery under

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