Cases: Lodestar

Private Attorney General Statute: Appellate Court Affirms Trial Court Award Of $43,410.20 To Winning Plaintiff

Cases: Lodestar, Cases: Private Attorney General (CCP 1021.5)

First District, Division 4 Rejects Plaintiff’s Bid To Capture Full $272,581.10 in Fees That Were Incurred, Applying a Negative Multipler Instead.      Plaintiff Tanzel won a facial constitutional attack and preemption challenge to a Richmond ordinance authorizing the city to seize and forfeit vehicles used to solicit prostitution or to buy drugs. In a prior […]

Class Action: Court Of Appeal Sustains 1.4% Fund Recovery And 2.52 Lodestar Multiplier In Consumer Class Action

Cases: Class Actions, Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees

Third District Sustains Substantial Fee Award in Unpublished Decision.      Who says that class action attorneys are greedy? No matter what your bent, the next case is a refreshing example of how substantial fees are justified in a class action settlement generating substantial recovery for class members.

FEHA: Appellate Court Sustains 1.4-1.6 Multipliers To Plaintiffs’ Fee Awards

Cases: Civil Rights, Cases: Lodestar

Second District, Division 6 Rebuffs Challenges to FEHA Multipliers.      Plaintiffs winning claims under the California Fair Employment Housing Act (FEHA), Gov. Code, § 12900 et seq., are normally awarded fee-shifting awards. Trial courts have ability to enhance the lodestar—the number of hours reasonably expended multiplied by the reasonable hourly rate—by a multiplier in order

Fourth District, Division Three Affirms Attorney’s Fees Award In Two Real Estate Cases

Cases: Homeowner Associations, Cases: Lodestar, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Seller Hit With Fees In a Water Accumulation Concealment Case; Neighbors Obtain Fees Against Neighbors In Tree Obstruction View Case.      In these interesting financial times, we find that real estate disputes still fester and produce interesting posts on attorney’s fees issues. The next two cases do not disappoint, originating from our local Santa Ana

CCP Section 1021.5: $403,548 Fee Award Sustained As Not Being Excessive In Nature

Cases: Lodestar, Cases: Private Attorney General (CCP 1021.5)

First District, Division Three Finds No Abuse of Discretion In Awarding Substantial Fees Under Section 1021.5.      Uphold Our Heritage, an organization of local citizens and architects/authors from around the world, successfully brought a mandamus action against Town of Woodside and Mr. Jobs, an individual seeking a permit to demolish the historic Jackling House (built

Court of Appeal Reverses 88% “Haircut” In Fee Award to Landlord in ADA Indemnity Dispute With Tenant

Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

  Fourth District, Division One Rules That Lower Court May Have Not Used Proper Lodestar Determination Factors in Drastically Cutting Fee Request, Suggesting It Parts Company From Reasoning in The Second District’s EnPalm Decision.      Notwithstanding the breadth of the abuse of discretion standard, the next case illustrates that appellate court will overturn fee awards

Proofread Your Work: Submission of Subpar Written Papers Or Sloppy Work Product Can Lead To A Reduction In Fees

Cases: Civil Rights, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Transylvania Feral Court Slashes Attorney’s Fees Award Drastically For Spoor Work Product.      Although we usually confine our posts to California-oriented cases, settlements, or fee issues, the following fee reduction ruling by a Philadelphia-based federal district judge was too good to pass up and also offers some sobering lessons to practitioners seeking fee awards when

Two Winning Civil Rights Plaintiffs’ $421,357 Fee Award Affirmed On Appeal

Cases: Civil Rights, Cases: Lodestar, Cases: Standard of Review

Court of Appeal Sustains $336,800 Lodestar Plus 0.25 Multiplier.      Two high school freshmen sued the Poway School District, a principal, and an assistant principal, alleging various federal and state civil rights violations arising out of failure to quell peer sexual orientation harassment of an anti-gay nature.  Following a jury trial, the two plaintiffs were

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