Cases: Reasonableness of Fees

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 v. Wertheim, LLC, Case No. B276506 (2d Dist., Div. 1 Mar. 2, 2021) (unpublished), Wertheim initiated legal proceedings spanning 15 years, culminating in an arbitration in which it achieved nothing (according to the DCA panel) because part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             In Ojeda v. Azulay, Case No. B302440 (2d Dist., Div. 3 Feb. 10, 2021) (unpublished), plaintiff employee prevailed against defendant employers on three of eight Labor Code claims after a two-day bench trial, and was awarded $30,929.94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             In Conservatorship and Estate of Bessard, Case No. A156773 (1st Dist., Div. 2 January 29, 2021) (unpublished), an attorney who had been appointed by the probate court to represent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

Laffey Matrix, Reasonableness Of Fees: D.C. District Judge Refuses To Sign Off On Settlement Incorporating Unreasonable Fee Award To Pro Bono Attorneys When Public Fisc Bears The Burden

Cases: Laffey Matrix, Cases: Reasonableness of Fees

$206,500.50 In Fees Agreed To By Plaintiffs And DOJ, But District Judge Found $82,562.50 To Be The Reasonable Amount.             Dimaio v. Wolf, Civil Case No. 20-445 (RJL) (D.D.C.) [Nov. 17, 2020 Memorandum Opn., Dkt. #30] is an interesting decision where U.S. District Judge Richard J. Leon refused to incorporate a settlement agreement containing an

Prevailing Party, Reasonableness of Fees: No Abuse Of Discretion In Trial Court’s $287,256 Prevailing Party Fees Award On Action On Oral Agreements

Cases: Prevailing Party, Cases: Reasonableness of Fees

“Extraordinarily Broad Attorney Fees Agreement” Sealed The Deal.             In Walters v. Moore, Case No. G058689 (4th Dist., Div. 3 October 30, 2020) (unpublished), plaintiff and defendant formed an LLC with an Operating Agreement that provided for the recovery of all reasonable fees, costs and expenses incurred by the prevailing party “[i]n the event

Reasonableness of Fees, Substantiation of Reasonableness of Fees: $2.1 Million Attorney Fees Award Upheld On Appeal Despite Billings Submitted With Excessively Heavy Redactions Defense Claimed Made Effective Challenge Impossible

Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

The 2/8 DCA Determined Defense Counsel Could Have Used Its Own Knowledge Of The Case To Hire An Expert For A Determination Of Whether The Hours Requested Were Reasonable.             In Los Angeles Unified etc. v. Torres Construction, Case No. B291940 (2d Dist., Div. 8 October 26, 2020) (unpublished), Defendant was hired by Los

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