Cases: Reasonableness of Fees

Prevailing Party, Reasonableness Of Fees: Two Prevailing Party Fee Awards – Totaling $609,180 – To Plaintiff Assignee Attempting To Enforce Prior Judgment Affirmed On Appeal

Cases: Prevailing Party, Cases: Reasonableness of Fees

Original Judgment Creditor Had Satisfied Mediation Requirement In The Parties’ Fees Provision, And Defendants Failed To Raise Their Challenges To Specific Billing Entries Before The Trial Court Despite A Continuance To Allow Them To Do So.             Plaintiff buyer entered into a Purchase Agreement with defendant sellers for the purchase of sellers’ home.  The […]

Allocation, Employment, Reasonableness Of Fees: Employee’s Limited Success On Some Compensable Wage/Hour Claims Led To Affirmance Of $17,234 Fee Award

Cases: Allocation, Cases: Employment, Cases: Reasonableness of Fees

Employee Had Requested Fees Of $168,749.47 After Garnering Compensatory Award Of $6,958.36.             This case is another example of how non-compensable claim allocation and limited success can lead to a substantial reduction of a fee request even where there is some fee entitlement basis.             In Caballero v. Bill Muncey Industries, Inc., Case No. D076628

Ethics, Interest, Reasonableness Of Fees, Retainer Agreements: Where Fee Agreement Is Compliant/Enforceable Under B&P § 6148, Unconscionability Factor Guides Contractual Fees Charged And Reasonableness Governs Atty. Performance Under Retainer Agreement

Cases: Ethics, Cases: Interest, Cases: Reasonableness of Fees, Cases: Retainer Agreements

Attorney Obtained Substantial Pretrial Attachment, But He Did Not Obtain Substantial Interest On Delinquent Fees Because No Interest Provision Was Present In The Retainer Agreement.             Pech v. Morgan, Case No. B300524 (2d Dist., Div. 3 Mar. 11, 2021) (published) is an instructive decision indicating how enforceable, compliant fee agreements are dealt with in pretrial

Reasonableness Of Fees, Unlicensed Contractor: $90,000 Fee Award To Construction Plaintiffs Obtaining Award Under Unlicensed Contractor Fee-Shifting Provision, Way Downwards From $287,640 Request, Was Warranted Under The Circumstances.

Cases: Reasonableness of Fees, Cases: Unlicensed Contractors

Overlitigation Of Case By Attorney Personally Embroiled In A Suit And Incivility Concerns Justified A Reduction Of A Requested Fee.             Karton v. Ari Design & Construction, Inc., Case No. B298003 (2d Dist., Div. 8 Mar. 9, 2021) (published) is a case rife with so many lessons, we cannot catalogue them all.  However, it certainly

Arbitration, Fee Clause Interpretation, Reasonableness Of Fees, Section 1717: $1,237,501 Million Fee Award For Arbitration, Creditors Action, And Related Proceedings Affirmed On Appeal

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717

Broad Fee Clauses Were The Bases For The Affirmed Award.             In Currency Corp. v. Wertheim, LLC, Case No. B276506 (2d Dist., Div. 1 Mar. 2, 2021) (unpublished), Wertheim initiated legal proceedings spanning 15 years, culminating in an arbitration in which it achieved nothing (according to the DCA panel) because part of the award was

Deadlines, Employment, Reasonableness Of Fees: $84,107.50 Fee Award, With Stipulated-To Small Reduction, Affirmed On Appeal In Wage/Hour Win After Two-Day Bench Trial

Cases: Deadlines, Cases: Employment, Cases: Reasonableness of Fees

Small Claims Work Excluded, So The Ultimate Modified Award Was $83,555; Compensatory Award Was $30,929.94 Plus Interest.             In Ojeda v. Azulay, Case No. B302440 (2d Dist., Div. 3 Feb. 10, 2021) (unpublished), plaintiff employee prevailed against defendant employers on three of eight Labor Code claims after a two-day bench trial, and was awarded $30,929.94

Probate, Reasonableness Of Fees: Probate Court’s $26,900 Reduction To Fees Request Of $73,400 By Attorney Appointed To Represent Proposed Conservatee Affirmed On Appeal

Cases: Probate, Cases: Reasonableness of Fees

Attorney Appealed Reduction With Only Speculation As To How The Probate Court Reached Amount Awarded – Providing No Reporter’s Transcript Or Settled Statement On Appeal.             In Conservatorship and Estate of Bessard, Case No. A156773 (1st Dist., Div. 2 January 29, 2021) (unpublished), an attorney who had been appointed by the probate court to represent

Costs, Private Attorney General, Reasonableness Of Fees: Petitioners, In Long-Standing San Francisco Bicycle Plan CEQA Challenges, Who Achieved Limited Success, Had Costs Properly Stricken And Recovered 50% Less Than Requested Once The Lodestar Was Reduc

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

Bottom Line In This Case, Limited Success Will Impact Cost and Fee Recovery, Even In Public Interest Cases.             We have seen that costs and attorney’s fees in many public interest cases, including those under the private attorney general statute, can be quite large.  However, one should keep in mind that the cost and fee

Lodestar, Multiplier, Reasonableness Of Fees: Prevailing FEHA Plaintiff Only Recovering $400,800 In Fees Out Of Requested $1,064,062.70 Did Not Recover Any More On Appeal

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

Compensatory Award Was $575,000.             Plaintiff did prevail on some wrongful termination/FEHA claims to the tune of $575,000 in past noneconomic damages.  Plaintiff later moved to recoup $1,064,062.70 in fees (lodestar of $532,031.35 plus a 2.0 positive multiplier), with the trial judge awarding $400,800.  Both sides appealed, with plaintiff filing a cross-appeal seeking more fees. 

Reasonableness Of Fees: Top 10 Fee Awards In Published And Unpublished California State Court Decisions In The Last Few Years For Civil, Noncontingency Cases

Cases: Reasonableness of Fees

Our David Letterman’s Top 10. Treasury. A $75,000 wheelbarrow of mutilated money on way to vaults. Employee in picture has wheeled barrow 50 years. From the National Photo Company Collection, photograph taken between 1909 and 1925. Library of Congress.             We got a fun email from Damian Castaneda, a San Jose-based attorney who specializes

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