Cases: Reasonableness of Fees

Consumer Statutes, Reasonableness Of Fees, Section 1717: $284,482.48 Attorney’s Fee/Costs Awards, Allocated Between Two Groups Of Defendants, Affirmed Under Consumer Statutes and Section 1717

Cases: Consumer Statutes, Cases: Reasonableness of Fees, Cases: Section 1717

Inadequate Record, Discretionary Apportionment Principles, And Failure To Show Abuse Of Discretion Led To Affirmance Of Awards.             Defendants apparently were shocked by a trial judge awarding a combined $284,482.48 in attorney’s fees and costs against two groups of defendants and in favor of a plaintiff in a case alleging that defendants failed to disclose […]

Reasonableness Of Fees, Substantiation Of Reasonableness Of Fees: $2,135,688.75 Fee Award Affirmed On Appeal Based On Detailed Supporting Substantiation For Litigation Spanning Five Years And Lots Of Activity By The Other Side

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

Substantiation And Reasonableness Challenges Rebuffed On Appeal.             In San Vicente Investment, LP v. Trammell Crow Santa Monica Development, LLC, Case No. B296147 (2d Dist., Div. 1 Oct. 1, 2020) (unpublished), sophisticated litigants battled it out over five years in litigation involving lots of law and motion, discovery, and then two rounds of largely successful

Reasonableness Of Fees, SLAPP: The Previously Unpublished Fee Discussion In Marshall v. Webster Is Now Published

Cases: Reasonableness of Fees, Cases: SLAPP

Higher Hourly Rate Awarded For Out-Of-County Attorney Affirmed Where Successful SLAPP Defendant Showed Good Faith Effort To Hire Local Counsel.             We discussed Marshall v. Webster, Case No. C088240 (3d Dist. August 27, 2020) in our August 27, 2020 post – a partially published case, with the fee discussion unpublished.             In Marshall,

Reasonableness Of Fees, SLAPP: Defense Fees Of $79,000 Were Warranted Where Out-Of-County Lawyer Efforts Were Needed To Oppose SLAPP Motion In Siskiyou County

Cases: Reasonableness of Fees, Cases: SLAPP

Defense Showed Good Faith Efforts, Albeit Unsuccessful, To Hire Local Counsel, So Higher Hourly Rate Compensation Was In Order.             So this case was venued in Siskiyou County, which is a northern California county abutting on the Oregon border near Mount Shasta and having a population of 44,000 – 45,000 depending on how you count

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)

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