Cases: Lodestar

Laffey Matrix, Lodestar, Reasonableness Of Fees: Lower Court Erred By Too Drastically Cutting Prevailing Party Contractual Fee Request From Around $700,000 To $198,445

Cases: Laffey Matrix, Cases: Lodestar, Cases: Reasonableness of Fees

Lower Court Did Not Support Reduced Hourly Rate And Substantial Time Cuts. Free haircut on Saturday morning in W.M. Scott's general store. Farrington. Chatham County, North Carolina. Library of Congress. Marion Post Wolcott, photographer.  September 1940.             Based on the Ninth Circuit’s Moreno decision which we have cited many times, federal courts in California need […]

Lodestar; Special Fee Shifting Statutes: In Two MRL Cases, Fees And Costs Affirmed In One Case, But A “Quarterling Approach” To Fee Reduction Required A Remand In The Other Case

Cases: Lodestar, Cases: Special Fee Shifting Statutes

Mobile Home Park Owner Entitled To Prevailing Party Fee Recovery For Obtaining Free And Clear Ownership After A Public Sale Of An Abandoned Lot Where Lease Fees Were Owed.             In this post, we summarize two lengthy fees/costs decisions arising under Civil Code section 798.85, the fees/costs shifting provision of the Mobilehome Residency Law (MRL). 

Ethics, Lodestar, Multipliers: Lower Court Properly Applied A .4 Negative Multiplier To A FEHA Fee Request Based On Plaintiff’s Counsel’s Incivility Throughout The Litigation

Cases: Ethics, Cases: Lodestar, Cases: Multipliers

2/3 DCA Agreed With The Reasoning In Karton.             More and more, we are seeing appellate opinions, whether published or not, stressing the need for civility among attorneys in litigation cases.  In fact, there are proposals being considered which would require that California attorneys, annually, have to reaffirm their oath and to confirm they will

Lodestar, Prevailing Party: Reversal Of Judgment For Cross-Complainant And Increased Recovery For Plaintiffs Made Plaintiffs The Prevailing Party So A Fee Order Remand Was Necessary

Cases: Lodestar, Cases: Prevailing Party

Given Some Reductions For The Cross-Complaint And Other Issues, Fee Award Had To Be Reassessed—Initial Award Was $388,541, A 50% Reduction From The Original Request.             In Perera v. Moine, Case No. B319315 (2d Dist., Div. 7 Sept. 18, 2023) (unpublished), plaintiffs were the prevailing party in a breach of contract dispute (based on an

Construction, Laffey Matrix, Lodestar, Reasonableness Of Fees: Los Angeles County Superior Court Awards A Little Over $1.3 Million In Fees And About $82,000 In Costs In Construction Dispute With Contractual Fees Clause Entitlement

Cases: Construction, Cases: Laffey Matrix, Cases: Lodestar, Cases: Reasonableness of Fees

Decision Provides Insights Into Judicial Resolution Of Contested Fee And Costs Issues.             Because there has not been a lot of fee or costs decisions in the last couple of weeks, we report on a Los Angeles County Superior Court (Norwalk) final ruling on attorney’s fees and costs to a prevailing plaintiff in WnG Construction

Civil Rights, Lodestar, Multipliers: 4/3 DCA Affirms Majority Of $4.053 Million Civil Rights Fee Award To Prevailing Plaintiff, Remanding Solely For A Study Of Hourly Rates Submitted By Three Attorneys

Cases: Civil Rights, Cases: Lodestar, Cases: Multipliers

Case Has Interesting Discussions of Civil Rights Lodestar, Multipliers, Hourly Rate Review, and Pro Hac Vice Delayed Admission Principles.             Presiding Justice O’Leary authored Nachtrieb v. County of Orange, Case No. G060294 (4th Dist., Div. 3 Aug. 11, 2023) (unpublished), which is a must read for civil rights litigators when it comes to supporting and

Lodestar, Multipliers, Reasonableness Of Fees: Plaintiff Properly Awarded $30,450 In Attorney’s Fees Rather Than The “Ask” Of $98,770

Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees

Fee Request Reduced On Hourly Rate Ask And Work On An Unfiled Summary Judgment Motion, With Plaintiff’s Multiplier Request Being Denied.             Plaintiff accepted a defense CCP § 998 offer waiving a car purchase deficiency and paying her $2,001, with the lower court allowed to determine an award of attorney’s fees and costs to plaintiff

Lodestar, Reasonableness Of Fees: Fee Award Of $700,000 To HOA In Uncomplicated Homeowner Dispute Was Reversed And Remanded

Cases: Lodestar, Cases: Reasonableness of Fees

Record Was Unclear Whether The Lower Court Utilized The Proper Lodestar Reduction Factors For Over-Conferencing, Duplication, Over-Staffing, And Results Obtained.             Ladera Ranch Maintenance Corp. v. Tinsley, Case No. G060730 (4th Dist., Div. 3 Jan. 9, 2023) (unpublished) is must reading for practitioners and jurists on salient factors that a party opposing a fee request

Fee Clause Interpretation, Lodestar: $547,465.10 Fee Award And $23,589.25 Costs Award To Prevailing Defendant Sellers Affirmed On Appeal

Cases: Fee Clause Interpretation, Cases: Lodestar

Liability Cap Did Not Apply To Fees, Out-Of-County Attorneys Showed Good Cause To Represent Defendants In Tuolumne County, And Trial Judge Reduced Fee Request By 20%.             In Apartment Rental Assistance II, Inc. v. 80 Oak Hills, L.P., Case No. F083238 (5th Dist. Dec. 13, 2022) (unpublished), buyer plaintiffs lost a summary judgment to seller

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