Cases: Reasonableness of Fees

Reasonableness of Fees, Special Fee Shifting Statute: Trial Judge Correctly Denied $94,934 Fee Request To Prevailing Party Under Civil Harassment Fee-Shifting Statute

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

Excessiveness Of Request Justified Entire Denial Of Fees Motion Demand.             If you request an excessive fee award, you can be slammed entirely under a lot of California fee-shifting statutes. One of the big cases is Chavez v. City of Los Angeles, 47 Cal.4th 970 (2010) [our Leading Case No. 13], where a FEHA request […]

Reasonableness Of Fees: $17,500 Fee Award Was Reasonable In Wrongful Foreclosure Action Dismissed After Plaintiff Failed To Amend Complaint

Cases: Reasonableness of Fees

Plaintiff Complained Fees Were For Pre-Trial Efforts, But They Were For Lawsuit Defense Efforts And Were Properly Awarded.             In Fung v. Oregon Trail Corp., Case No. B279366 (2d Dist., Div. 7 Nov. 19, 2018) (unpublished), defendant lender won an attorney’s award of $17,500 after the trial court dismissed a wrongful foreclosure action once plaintiff

Class Action, Costs, Lodestar, Reasonableness Of Fees, Section 998: Trial Judge Properly Awarded Class $333,000 In Attorney’s Fees Out Of Requested $780,845.62

Cases: Class Actions, Cases: Costs, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Section 998

However, Lower Court Did Properly Award Voluntary Mediation Expenses And Expert Fees Incurred By The Class After Rejection Of A CCP § 998 Offer.             In Diaz v. Grill Concepts Service, Inc., Case No. B284146 (2d Dist., Div. 2 Oct. 19, 2018) (unpublished), former restaurant employees of a Daily Grill brought a class action for

Fee Clause Interpretation, Reasonableness Of Fees: Appellant’s Failure To Discuss Fee Clause Entitlement Under Note Fees Clause And Failure To Provide Reporter’s Transcript (RT) Of Fee Hearing Doomed Merits Of Her Appeal

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Absence Of RT Can Be Fatal Indeed, Meaning Inadequate Record On Appeal.             Appellants need to address legal fee entitlement bases and provide a reporter’s transcript of a fee hearing when challenges are made to either the merits or the amount of fees awarded. We have posted many times about how appellate courts will rebuff

Civil Rights, Reasonableness Of Fees, Substantiation Of Fees: Third Circuit Court Of Appeals Denies Unreasonable Civil Rights Fee Petition And Affirms Sanctions Of $25,000 Against Attorney

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

Entire Fee Motion Denied For Misconduct And Inflated Fees, A Companion To Our Post On The Clemens Decision.             While co-contributor Mike was out on a short vacation, his legal assistant Shanna Strader was kind enough to post on Clemens v. New York Cent. Mut. Fire Ins. Co., No. 17-3150 (3d Cir. Sept. 12, 2018)

Insurance, Lodestar, Reasonableness of Fees, Special Fee-Shifting Statutes, Substantiation of Reasonableness of Fees: Third Circuit Upholds District Court’s Decision Denying Entire Almost $950K Fees And Costs Request To Successful Plaintiff

Cases: Insurance, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

Amount Requested Under Bad Faith Statute Was “Outrageously Excessive” Allowing District Court To Deny The Request Altogether As Thoroughly Explained In Its “Well-Reasoned One-Hundred-Page Opinion”             Ouch! Talk about learning a lesson the hard way! In a precedential opinion for a case decided by Justices Greenaway, Jr., Restrepo, and Bibas, and authored by Justice Greenaway, Jr.,

Allocation, Prevailing Party, Reasonableness Of Fees, Section 1717: $371,135 Fee Award To Prevailing Tenant Affirmed Where Breach Of Contract Jury Verdict Was Only $84,595

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717

Tenant Also Entitled To Costs And Appellate Fees For Winning On Appeal.             Strength Farm, LLC v. The Heron Family Trust, Case No. B285264 (2d Dist., Div. 8 July 25, 2018) (unpublished) illustrates that contractual fee recoveries do not have to proportionate to the compensatory breach of contract award (may even be more if tort

Reasonableness Of Fees: Losing Buyer In Failed Real Estate Transaction Properly Suffered Adverse Fee Awards Totaling Over $166,000 In Favor Of Seller And Broker

Cases: Reasonableness of Fees

Buyer Resisted Discovery And Drove Up Cost Through Incomprehensible Summary Judgment Opposition Paperwork.             Just to show you how a failed real estate dispute loss, where there is a contractual prevailing party fees clause, can be a game shifter due to the fee-shifting feature, just review the result in Maljanin v. Big Black Dog, LLC,

Civil Rights, Lodestar, Reasonableness Of Fees: Over Vigorous Dissent, Ninth Circuit Rules That C.D. Cal. Local Rule Default Judgment Fee Schedule Does Not Apply Where Plaintiff Obtaining Default Judgment Asks For Lodestar Fees In ADA Case

Cases: Civil Rights, Cases: Lodestar, Cases: Reasonableness of Fees

Dissenting Circuit Judge Believed That Not Adhering To Local Rule Suggestions Would Lead To Potential Abuse.             The Ninth Circuit, in Vogel v. Harbor Plaza Center, LLC, No. 16-55229 (9th Cir. June 25, 2018) (published), visited the issue of how attorney’s fees in an American with Disabilities Act (ADA) case should be handled in an

Allocation/Civil Rights/Costs/Reasonableness Of Fees: $158,880.50 Fee Award To Unruh Act Plntf Remanded For Review To Exclude Fees For A Co-Defendant’s Work, Limited Success In Light Of injunctive Modification, And Elimination Of Clerical Work Billing

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

Costs Award Affirmed, But Fee Award Remanded For A Further Re-Do.              In Hernandez v. Starbucks Coffee Co., Case Nos. H042848/H043393 (6th Dist. June 20, 2018) (unpublished), plaintiff successfully sued Starbucks for Unruh Act accessibility barrier discrimination at a San Jose store. Plaintiff was awarded statutory damages of $4,000 (although not winning all accessibility claims)

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