Cases: Reasonableness of Fees

Civil Rights, Costs, Substantiation Of Reasonableness Of Fees, Reasonableness Of Fees: Except For Correction Of Routine Costs Math, FEHA Fee Award Of About $1.1M And Almost $107K In Costs Affirmed On Appeal Where Plaintiff Won $650K In Damages

Cases: Civil Rights, Cases: Costs, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Limited Success/Allocation Fee Challenges Rejected On Appeal; Expert Witness Fees Can Be Sought Through A Costs Memorandum.              In Abarca v. Citizens of Humanity, LLC, Case No. B290090 (2d Dist., Div. 3 June 18, 2020) (unpublished), a FEHA plaintiff won a jury verdict on disability discrimination/retaliation claims, although losing two other claims, to the tune […]

Reasonableness Of Fees, Special Fee Shifting Statute: $9,200 Attorney’s Fees Award In Venue Transfer Situation Sustained On Appeal

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Reason Was That Both A Surrogacy Agreement Venue Provision And Factual Circumstances Showed The Matter Needed To Be Resolved In Transferee Venue.             In Omega Family Global, Inc. v. Doe, Case No. D075358 (4th Dist., Div. 1 June 17, 2020) (unpublished), defendants were granted a venue transfer motion from San Diego to Riverside where a

Reasonableness Of Fees, Section 1717: Summary Judgment And Attorney Fees Awarded Against Borrowers Who Defaulted On Commercial Property Loan Affirmed On Appeal

Cases: Reasonableness of Fees, Cases: Section 1717

Borrowers Repeatedly Failed To Cite To The Record – Thus Forfeiting Their Arguments – But Awarded Fees Were Nonetheless Reasonable.             In Polycomp Trust Co. v. Agbede, Case Nos. E070613 and E071376 (4th Dist., Div. 2 June 15, 2020) (unpublished), borrowers defaulted on their commercial property loan and their four lenders successfully filed an

Allocation, Construction, Reasonableness Of Fees: $222,202.75 Contractual Fee Award In Favor Of Property Owners And Against General Contractor, After Offsets, Was Not Erroneous Except For One Minor Deduction In Gnarly Construction Defect Dispute.

Cases: Allocation, Cases: Construction, Cases: Reasonableness of Fees

$557,441.75 Was The Fee Request, But Owners’ Apportionment Not Credited Below Or On Appeal, So Reduced Award Was The Result.             In Stolp v. Murphy-True, Inc., Case Nos. A154770/A155426 (1st Dist., Div. 1 June 4, 2020) (unpublished), a litigation snafu resulted over a $3 million-plus remodel job at plaintiffs’ home, with plaintiffs suing for water

Reasonableness Of Fees, Retainer Agreements: Lower Court Properly Denied Attorney’s Fees And Costs For Winning $7,580 Against Ex-Client In Fee Collection Case

Cases: Reasonableness of Fees, Cases: Retainer Agreements

Reason Was That Matter Should Have Been Brought As Limited Civil Case Rather Than An Unlimited One.             Code of Civil Procedure section 1033 grants a trial court discretion to deny, in whole or in part, a plaintiff’s recovery of litigation costs, including attorney’s fees, where the plaintiff brought the action as an unlimited

Consumer Statutes, Multipliers, Reasonableness Of Fees: Mikhaeilpoor Opinion Now Published

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

Prevailing Plaintiff’s Request For Fees In A Straightforward Lemon Law Case Was Properly And Significantly Reduced For Overstaffing, Lack Of Efficiency, Excessive Hourly Rates, And Denial Of Lodestar Multiplier.             We discussed the then unpublished case of Mikhaeilpoor v. BMW of North America, LLC, Case No. B293987 (2d Dist., Div. 1 April 1, 2020)

Allocation, Lodestar, Reasonableness Of Fees, Substantiation Of Reasonableness Of Fees: Prevailing Plaintiff Correctly Awarded $182,000 Under Contractual Fees Clause After Winning $455,000 In Damages After A Lengthy Court Trial

Cases: Allocation, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Fees Award Should Not Get Offset Against Damages, And Trial Judge Awarded Contingency Arrangement Percentage As Fees—Dispensing With The Need For Review Of Detailed Bills.             Prevailing plaintiff in Pham v. Nguyen, Case No. H044958 (6th Dist. Apr. 15, 2020) (unpublished), on the heels of winning $455,000 in damages, moved for contractual attorney’s fees.  The

Allocation, Landlord/Tenant, Prevailing Party, Reasonableness Of Fees: Prevailing Tenant Was Entitled To Prevailing Party Fees Under Oakland’s Tenant Protection Ordinance Fee-Shifting Provision As Against Defendant Landlord

Cases: Allocation, Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Reasonableness of Fees

However, Prevailing Party Properly Awarded Apportioned Fees Of $49,875 Rather Than Requested $318,214 In Fees Against Defendant Landlord; Prevailing Defendant Property Manager Improperly Granted Routine Costs Because Motion Did Not Mention That Defendant And Nothing Showed The Costs Were Incurred.             In Goins v. Williams, Case Nos. A152828/A153632 (1st Dist., Div. 3 Apr. 14, 2020)

Consumer Statutes, Multiplier, Reasonableness Of Fees: Trial Judge In “Uncomplicated” Lemon Law Case Properly Awarded $94,864 In Song-Beverly Act Attorney’s Fees To Prevailing Plaintiff Winning A Jury Verdict Of $35,805.08

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

Plaintiff Had Sought $344,639 In Fees, Which Lower Court Found To Be Unreasonable Based On Overstaffing, Lack Of Efficiency, And Requesting Hourly Rates Too High For The Complexity Of The Case; Multiplier Request Properly Denied.             We commend everyone to read the appellate court’s affirmance of a trial court’s reduction of an attorney’s fees request

Allocation, Reasonableness Of Fees: $272,637.50 Fee Award Was Reasonable For Plaintiff Defeating Cross-Claims And Ultimately Winning $59,005.50 Overall

Cases: Allocation, Cases: Reasonableness of Fees

Contract And Tort Cross-Claims Were Intertwined—So No Need For Apportionment.             In Newport Beach Center for Surgery, LLC v. Acclaim Recovery Mgt., LLC, Case No. B290636 (2d Dist., Div. 5 March 2, 2020) (unpublished), plaintiff won a $59,005.50 compensatory verdict in a case with a contractual fees clause, also defeating contract and tort cross-claims.  Plaintiff

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