Cases: Common Fund

Common Fund, Special Fee Shifting Statutes: Plaintiff Winning Derivative Claim On Behalf Of A Limited Partnership Was Properly Awarded Fees Under Corporations Code Section 15910.05(b) Out Of The Damage Recovery Obtained By The LP Against Defendant

Cases: Common Fund, Cases: Special Fee Shifting Statutes

Section 15910.05(b) Is Not Displaced By Common Fund/Substantial Benefit Theories, Although Those Theories Also Supported The Fee Award. In Duboff v. Schermer, Case Nos. B343324 et al. (2d Dist., Div. 3 Mar. 12, 2026) (unpublished), plaintiff won a substantial damages recovery of almost $6 million against defendant in a limited partnership derivative action (where plaintiff […]

Common Fund, Costs: Trope Limitation Prevents Self-Represented Attorney From Obtaining Fees Under Common Fund Theory, But Routine Costs Are Awardable

Cases: Common Fund, Cases: Costs

The 2/6 DCA, in a scholarly opinion written by Justice Yegan, faced the questions of whether a self-represented attorney, who was also the winning party, could seek recovery of attorney’s fees and costs under the nonstatutory common fund theory.  Different answers were the conclusions on the two issues.             In Leiper v. Gallegos, Case No.

Common Fund, Costs, Special Fee Shifting Statutes: 4/3 DCA Affirms Large Part Of Trial Judge’s Fee And Costs Rulings In Financial Elder Abuse/Derivative Litigation

Cases: Common Fund, Cases: Costs, Cases: Special Fee Shifting Statutes

Hornet Nest Of Fees And Costs Issues Resolved By Appellate Court.             We knew right away that Acting Presiding Justice Bedsworth penned Horowitz v. Brown, Case No. G057412 (4th Dist., Div. 3 Aug. 30, 2021) (unpublished) based on his distinctive writing style.  The appellate court faced a virtual hornet nest of fees and costs issues,

Appealability, Class Action, Common Fund: Ninth Circuit, In A Case Which Was Not A Classic Common Fund Case When Google Agreed To Pay Class Action Counsel Outside Of Fund, Determines Award Of $725,580.80 To Class Counsel Was Not Appealable

Cases: Appealability, Cases: Class Actions, Cases: Common Fund

No Final Judgment/Settlement Occurred, With Google Agreeing To Pay Outside Of The Common Fund, And With The Collateral Order Doctrine Not Inapplicable Under The Circumstances.             The Ninth Circuit, in AdTrader, Inc. v. Google, LLC, Case No. 20-15542 (9th Cir. July 30, 2021) (published), faced an interesting fact pattern as evidenced by this passage near

Common Fund, Probate: Decedent’s Son By A Prior Relationship Successfully Defended A Will Contest, Creating A Common Fund From Which Attorney’s Fees Were Appropriately Paid By The Estate

Cases: Common Fund, Cases: Probate

Although Such Fees Should Usually Be Paid Forthwith, Probate Code Has Discretion To Defer Them For Payment Until Final Distributions Are Made.             The common fund doctrine, which usually is at play in class action or probate cases, allows the person obtaining a benefit for a number of persons to be awarded attorney’s fees out

Common Fund, Homeowner Associations, Section 1717: Developers Properly Denied $1.950 Million In Attorney’s Fees Against HOA Under Either Civil Code Section 1717 Or The Common Fund/Substantial Benefit Doctrine

Cases: Common Fund, Cases: Homeowner Associations, Cases: Section 1717

HOA Would Not Have Been Entitled To Fees If It Had Won, So Developers Did Not Prevail, With Equitable Doctrines Not Supplying An Anchor For An Award.             Market Lofts Community Assn. v. 9th Street Market Lofts, LLC, Case Nos. B280446/B282412 (2d Dist., Div. 2 Nov. 13, 2018) (unpublished) involved a case where an HOA

Class Action, Common Fund: Seventh Circuit Determines That “Up To” Dollar Amount Does Not Create Common Fund Such That District Court Can Base Fee Recovery On Claims Actually Made

Cases: Class Actions, Cases: Common Fund

Case May Suggest Drafting Tips For Class Counsel But Might Signal A More Ominous Trend, Although Facts Limited To Quick Settlement Achieved After A “Paucity Of Effort.”             Although a federal case, class action practitioners involving smaller settlements resultant from little work may need to pay attention to the reasoning of Camp Drug Store, Inc.

Class Action, Common Fund, Employment, Lodestar, Multiplier:  N.D. Cal. District Judge Ilston Awards Wage/Hour Class Action Counsel $15,200,002.90 In Hybrid Statutory Fee/Common Fund Case Against Wal-Mart

Cases: Class Actions, Cases: Common Fund, Cases: Employment, Cases: Lodestar, Cases: Multipliers

District Judge Confronts Multiple Issues In Reaching Fee Award.             U.S. District Judge Susan Ilston in Ridgeway v. Wal-Mart Stores, Inc., Case No. 08-cv-05221-SI (N.D. Cal. Sept. 14, 2017 Doc. #606) confronted numerous issues in deciding the appropriate award to class counsel in a truck driver employee class action case against Wal-Mart for wage hour

Common Fund/Class Action: What Happens When Class Action Fee Recovery Justified Under Both Common Fund And Contractual Fees Clause?

Cases: Class Actions, Cases: Common Fund

  Eighth Circuit Court Of Appeals Gives Us Some Hints—Contractual Fee Recovery First, And Then Equitable Consideration Of Common Fund Recovery.       Although outside of California, we do report on nationwide decisions which may have some impact on attorney’s fees in different substantive areas of the law. McKeage v. TMBC, LLC, 847 F.3d 992 (8th

Class Action/Common Fund: Percentage Fee Approach For Class Fee Recovery Is Reasonable In True Common Fund Cases

Cases: Class Actions, Cases: Common Fund

Lodestar Check Or Other Means Can Be Used To “Cross Check” Reasonableness of Percentage Fee Numbers Chosen By The Trial Judge In Common Fund Cases.      In a much awaited decision, the California Supreme Court in Laffitte v. Robert Half International Inc., Case No. S222996 (Cal. Supreme Court Aug. 11, 2016) gave trial judges considerable

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