Cases: Reasonableness of Fees

Arbitration, Employment, Reasonableness Of Fees: Lower Court Did Not Err By Reducing $17,653.50 Fee Request For CCP § 1281.98 Sanctions Down To A $2,060 Fee Award

Cases: Arbitration, Cases: Employment, Cases: Reasonableness of Fees

Fee Entitlement Still Allowed A Determination Of Reasonableness, With Record Supporting An Excessive Fee Request.                Reasonableness of a fee request is simply an important issue all clients and attorneys must consider when a fee/sanctions petition is filed.  Where an excessive, unreasonable request is made, the lower court has a range of options, from denying […]

Reasonableness Of Fees: Contractual Fee Award Under Operating Agreement Clause Did Entitle Prevailing Defendants To A $168,584.25 Award

Cases: Reasonableness of Fees

Hourly Rate Was Found To Be Reasonable.                In I.S. Investments, LLC v. Zamucen, Case No. G064105 (4th Dist., Div. 3 Aug. 11, 2025) (unpublished), plaintiff lost a case to prevailing defendants where there was a contractual fees clause in favor of the defense.  Defendants moved for fees of $187,608 based on an hourly rate

Consumer Statutes, Lodestar, Reasonableness Of Fees: Tidrick Opinion Now Published

Cases: Consumer Statutes, Cases: Lodestar, Cases: Reasonableness of Fees

Substantial Reduction Needed To Be Restudied.                On June 29, 2025, we posted on Tidrick v. FCA US, LLC, Case No. G063186 (4th Dist., Div. 3 July 22, 2025) (now published), but unpublished at the time.  It basically reversed a fee award based on not using venue-based hourly rates and after making what the appellate

Homeowner Associations, Lodestar, Reasonableness Of Fees: $125,000 Attorney’s Fees Award To Plaintiff Adjacent Property Owner For HOA Encroaching On His Easement Was Affirmed On Appeal

Cases: Homeowner Associations, Cases: Lodestar, Cases: Reasonableness of Fees

Both Sides Appealed The Fee Award, But It Was Affirmed In Entirety.                After an adjacent property owner and HOA settled an easement dispute in which $350,000 was paid to plaintiff, an attorney’s fees motion based on the settlement agreement contractual fees clause was partially granted in plaintiff’s favor.  Plaintiff moved for $164,258.50 in fees,

Employment, Multiplier, Reasonableness Of Fees: Plaintiff’s Win On Some FEHA Claims Justified A $1,385,546 Fees/Costs Award

Cases: Employment, Cases: Multipliers, Cases: Reasonableness of Fees

Compensatory Award Was $709,555, With Counsel’s Skill And Multiplier Request Supporting The Fee Award Affirmed On Appeal.                The trial judge in Ramirez v. Bala, Case No. H049689 (6th Dist. June 30, 2025) (unpublished) awarded a FEHA plaintiff $1,385,546 in attorney’s fees and costs (about the full request, inclusive of a 1.5 multiplier) after plaintiff

Consumer Statutes, Lodestar, Reasonableness Of Fees: Lower Court Awarding Fresno Rates To Attorney Litigating In Orange County And Slashing Fees/Cost Request By 82.9% Had Its Award Reversed And Remanded On Appeal

Cases: Consumer Statutes, Cases: Lodestar, Cases: Reasonableness of Fees

Venue Rates Had To Be Used And The Substantial “Haircut” Needed More Explanation.                What happened in Tidrick v. FCA US LLC, Case No. G063186 (4th Dist., Div. 3 June 26, 2025) (unpublished) is that lemon law plaintiffs requesting $82,719.33 in fees and costs ($74,275 in fees and $8,444.33 in costs) were only awarded a

Lodestar, Reasonableness Of Fees: 2/5 DCA Publishes Blockbuster Opinion On Whether Federal Standard Of Heightened Scrutiny Of Fee Awards In Certain Cases Applies To California State Court Cases

Cases: Lodestar, Cases: Reasonableness of Fees

In A 2-1 Opinion, Majority Holds The Federal Standards Are Inconsistent With The State Standard Giving The Trial Judge The Power To Adjudge Based On His/Her Experience.                We were wondering when an appellate court would take on a split in intermediate appellate thinking on whether across-the-board reductions for unreasonable padding, duplicative work, and unnecessary

Reasonableness Of Fees, Special Fee Shifting Statutes: $65,000 Fee Award Under Corporations Code Section 17704.10(g) Reversed And Remanded

Cases: Reasonableness of Fees

Trial Court Needed To Provide More Reasoning For Its Reduction In The Request.                Under Corporations Code section 17704.10(g), if a trial court “finds the failure of the limited liability company to comply with the requirements of this section is without justification, the court may award an amount sufficient to reimburse the person bringing the action for

Reasonableness Of Fees: 2/3 DCA Reverses An 82% Reduction In A FEHA Fee Request, Primarily Based On Reconstructed Time, As An Abuse Of Discretion And As Not Adequately Explained

Cases: Reasonableness of Fees

“Haircut” Was Too Much, Requiring A Remand Revisit.                In the fee award area, the amount awarded is governed by an abuse of discretion standard.  However, large “haircuts” sometimes strike an appellate panel as too arbitrary, requiring a revisit.  That was the case in Guevara v. Interstate Meat Co., Inc., Case No. B332546 (2d Dist.,

Fee Clause Interpretation, Reasonableness Of Fees: Fee Clause Stating Recovery For Third-Party Costs For Collection Encompassed Attorney’s Fees

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Trial Court Properly Reduced $124,160 Fee Request To $64,750 To Prevailing Party Based On Partial Success, Under A Percentage Of Recovery And A Lodestar Analysis.                Pulse Technology Consulting Group, Inc. v. Skowron & Bunning, LLP, Case No. C098036 (3d Dist. Feb. 11, 2025 partially published; fee discussion published) involved dueling actions about an information

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