Cases: Reasonableness of Fees

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 Apr. 15, 2020) (unpublished), on the heels of winning $455,000 in damages, moved for contractual attorney’s fees.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

Allocation, Fee Clause Interpretation, Reasonableness Of Fees: Reducing Requested $1.36 Million Fee Award, By 25% To $943,028, Was No Abuse Of Discretion Based On $1.2 Million-Plus Recovery And Rejection Of Low Ball Defense Settlement Offer

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Tort Claim Defense Fees On An Unsuccessful Cross-Complaint Were Interrelated, Thus No Allocation Required; Prevailing Party Clause In Lease Applied So As To Allow Fee Recovery In Broker’s Favor.             Water Court, LLC v. Adams Wine Group, LLC, Case No. B290799 (2d Dist., Div. 6 Feb. 25, 2020) (lead appeal; unpublished) is an example of

Consumer Statutes, Reasonableness Of Fees: Morris Lemon Law Fee Decision Now Certified For Publication

Cases: Consumer Statutes, Cases: Reasonableness of Fees

2 DCA Affirmed Trial Court’s Reduction Of Attorney’s Fees Request In Lemon Law Case For Unnecessary Duplication By Plaintiff’s Attorneys.              On September 17, 2019, we posted on Morris v. Hyundai Motor America, Case No. B290693 (2d Dist., Div. 7 September 16, 2019), which was unpublished at the time.  In that case, a lemon law

Allocation, Fee Clause Interpretation, Lodestar, Prevailing Party, Reasonableness Of Fees, Section 1717, Settlement: Reasonable Discretion Exercised In Awarding Defendant Only 20% Of Requested $177,712 In Fees

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Lodestar, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Settlement

The Legal Principles Of Civil Code Section 1717 and Santisas Governed.             Both parties appealed the fee results in Rusnak/South Bay v. Glukel Group, Case No. B286513 (2nd Dist., Div. 3 Sept. 27, 2019) involving a dispute between landlord and tenant – with tenant plaintiff advancing contract and tort claims against landlord.         

Fee Clause Interpretation, Reasonableness Of Fees: Plaintiff Subhauler Winning Net Judgment Of $19,113.84 Was Properly Awarded Contractual Fees Of $100,415

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Contractual Fees Do Not Have To Be Proportional And Unsuccessful Efforts Can Be Awarded.             In Cheema v. L.S. Trucking, Inc., Case Nos. A150234/A151044 (1st Dist., Div. 4 Sept. 17, 2019) (published), plaintiff, a subhauler for defendant trucking company, won affirmative recovery in the form of a net judgment of $19,113.84.  There was a broad

Consumer Statutes, Reasonableness Of Fees: Trial Judge Did Not Abuse His Discretion By Awarding $73,864 In Lemon Law Fees Out Of A Requested $191,688.75

Cases: Consumer Statutes, Cases: Reasonableness of Fees

Case Settled For $85,000, With Duplicative Efforts Properly Justifying Lower Court Reduction And With 2/7 DCA Panel Disagreeing With Another Court That Particular Reduction Articulation Applied Outside Of Civil Rights Context.             Morris v. Hyundai Motor America, Case No. B290693 (2d Dist., Div. 7 Sept. 16, 2019) (unpublished) is a situation where the trial judge

Costs, Deadlines, Reasonableness Of Fees, SLAPP: 2/3 DCA Affirms SLAPP Fee Award To Defendant Of $53,915.50, The Full Defense Request, Rejecting Untimely Motion Filing Argument

Cases: Costs, Cases: Deadlines, Cases: Reasonableness of Fees, Cases: SLAPP

However, Costs Award Reversed Because It Was Untimely Filed And Prejudiced Plaintiff.             In Residual Income Opportunities, Inc. v. Cynergy Data, LLC, Case No. B289219 (2d Dist., Div. 3 Aug. 29, 2019) (unpublished), the defense won a SLAPP motion, filing for recovery of costs to the tune of $3,567.77 and moving for attorney’s fees totaling

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