Cases: Lodestar

Lodestar/Reasonableness Of Fees: Lower Court Did Not Err In Reducing Lodestar Request For Inexperience Of Attorney And Partial Success On Some Activities

Cases: Lodestar, Cases: Reasonableness of Fees

  Although Different Judge than “Merits” Judge Heard Fee Motion, Appellate Court Questions Whether More Scrutiny Is Required, But Affirms Even Under A More Rigorous Standard.      Coalition for Adequate Review v. City and County of San Francisco, Case Nos. A135660/A138856 (1st Dist., Div. 2 Nov. 19, 2014) (unpublished) is an interesting case primarily involving […]

In The News . . . . N.D. Cal. District Judge Grants Reduced Lodestar Plus 2.59 Multiplier To Class Counsel In Bank of America Automated Call Settlement

Cases: Class Actions, Cases: Lodestar, Cases: Multipliers, In The News

  $8 Million Percentage of Recovery Request Nixed; Reductions Made for Inefficient Work Efforts and High Settlement/Mediation Work Requests.      In Rose v. Bank of America Corp., Case Nos. 5:11-CV-02390 & 5:12-CV-04009-EJD (N.D. Cal. Aug. 29, 2014) (Doc. No. 180), U.S. District Judge Edward J. Davila gave final approval to a settlement of a class

Lodestar/Private Attorney General/Reasonableness Of Fees: Non-Profit Entitled To CCP § 1021.5 Fee Recovery Against Developer Under Split Fee Settlement Arrangement Between Non-Profit And City

Cases: Lodestar, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

  However, Lodestar Had to Be Re-fixed on a Couple of Issues.      Plaintiff SONG, a non-profit, prevailed in an earlier appeal of a challenge to the environmental review of a project to amend Lancaster’s general plan to change the zoning designation so that a developer could construct a shopping center on a vacant lot

Equity/Lodestar/Multiplier/Retainer Agreement: $7.8 Million Fee Recovery For Well Known L.A. Attorney’s Work In Divorce Cases Reversed

Cases: Equity, Cases: Lodestar, Cases: Multipliers, Cases: Retainer Agreements

  No Written Retainer Agreement, With Quantum Meruit Jury Verdict Overturned And Reduced To $1.8 Million Plus Some Other Deductions.      This is a doozy of a case involving well known Los Angeles attorney Hillel Chodos, who happened to not have had a written hourly or contingency retainer agreement with an ex-client, a wife involved

Class Action: $1 Million In Class Counsel Fees Affirmed By Majority Under Lodestar And Percentage Of Recovery Methods

Cases: Class Actions, Cases: Lodestar

  Dissenting Judge Concerned About Claim Response Rates and Clear Sailing/Reverter Clauses.      Laguna v. Singh, Case No. 12-55479 (9th Cir. June 3, 2014) (published) was a case which shows the divergent views of federal jurists on class action settlements where the common fund value is not of a fully liquidated nature.      The majority

Lodestar/Laffey Matrix/Substantiation Of Reasonableness Of Fees: Syers Properties Opinion Now Certified For Publication

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

  Reviewed in Our May 6, 2014 Post.      In our May 6, 2014 post, we reviewed Syers Properties v. Rankin, Case No. A137610 (1st Dist., Div. 2 May 5, 2014 issued unpublished), which held among other things that: (1) detailed categorical breakout of time spent can substantiate a fee petition in California state courts;

Lodestar/Multiplier/Reasonableness Of Fees: Second District, Division 4 Unpublished Decision Has Outstanding Discussion Of Lodestar/Multiplier Factors, Limited Success, And Opposing Counsel Fees In Sustaining Lower Court Fee Award In Overtime Employee Cas

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

  $603,150 Out of Requested $1,512,794.50 Was the Award, With Defense Counsel Getting Paid $1,070,000 by Safeway.      Although unpublished, the Second District, Division 4 has done an outstanding job of analyzing a reasonableness of fee award where both sides (prevailing employee and defending former employers) appealed, with employee arguing the fee award was too

Civil Rights/Lodestar/Multiplier/Substantiation Of Reasonableness Of Fees: 88% Court Ordered Reduction In Civil Rights Fee Request Reversed

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

  Remanded To Decide If Multiplier Appropriate Upon Reversal of State Claim Giving Rise To Positive Enhancement.      The Ninth Circuit in Chaudhry v. Interfaith Communities United For Justice and Peace, Case No. 11-55820 (9th Cir. May 19, 2014) (published) is an interesting decision involving federal civil rights/attendant state law (CA Civil Code section 52.1)

Lodestar/Laffey Matrix/Substantiation Of Reasonableness Of Fees: $843,245.27 Civil Code Section 1717 Fee Request/Award Affirmed On Appeal

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

  Successful Defendants Substantiated Hours and Hourly Rate Very Well In This One.      Syers Properties III, Inc. v. Rankin, Case No. A137610 (1st Dist., Div. 2 May 5, 2014) (unpublished) is a case where a $843,245.27 defense fee award under Civil Code section 1717 was challenged on narrow grounds—with plaintiff disputing the reasonableness of

Lodestar/Probate/Section 1717/Substantiation Of Fees: Court Affirms Fee Award On Fiduciary Duty Claims As Arising On Contract, Denies Fee Request Against Trustee Whose Opposition Was Not Frivolous, And Remands Lodestar Calculation

Cases: Lodestar, Cases: Probate, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

Looks Like Decades Trust Disputes Are Drawing To An End.      Holt v. Denholm, Case Nos. G045496 and G046293 (4th Dist., Div. 3 Apr. 28, 2014) (unpublished)—both authored by Presiding Justice O’Leary–are two appeals involving cross-over probate and Civil Code section 1717 issues in a long-running battle between different sides of a family trust—pitting a

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