Cases: Reasonableness of Fees

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 June 20, 2018) (unpublished), plaintiff successfully sued Starbucks for Unruh Act accessibility barrier discrimination at a San Jose store.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)

Allocation, Reasonableness Of Fees: Trial Judge’s Apportionment Of Fees In Multi-Defendant Representation And Award Of Appellate Fees Was No Abuse Of Discretion

Cases: Allocation, Cases: Reasonableness of Fees

4/1 DCA Rejected Arguments By Winning Fee Claimant And Losing Party In Contentious Fee Battle On Remand From Prior Appellate Opinion.            Bank of Southern California, N.A. v. D&D Goryoka, Inc., Case No. D072231 (4th Dist., Div. 1 June 13, 2018) (unpublished) was an appeal from an attorney’s fees award from a prior appellate decision remand

Reasonableness Of Fees, Settlement: $47,604.50 Fee Award To Defendants For Enforcing Settlement Agreement Affirmed On Appeal

Cases: Reasonableness of Fees, Cases: Settlement

Nothing Demonstrated Agreement Was Protected By Mediation Privilege And Failure To Object To Particular Entries Waived Any Real Challenge To Reasonableness Of Claimed Fees.             Although there was some initial confusion on whether defendants wanted to enforce a settlement agreement with a “prevailing parties” fees clause, it looks like defendants took the plunge and then

Costs, Employment, Reasonableness Of Fees: FEHA Award Of $44,437.50 In Attorney’s Fees And $3,411.37 In Costs Was Largely No Abuse of Discretion

Cases: Costs, Cases: Employment, Cases: Reasonableness of Fees

Appellate Court Did Modify Judgment To Exclude UPS Services And Copy Of Amended Summons Expense Recoupment As Routine Costs.             In Lepe v. Luft Enterprises, Case No. E067382 (4th Dist., Div. 2 May 10, 2018) (unpublished), three plaintiffs won wage/hour awards against the defendant to the tune of $140,016. They then moved for fees and

Arbitration/Reasonableness Of Fees:  Attorney Won Arbitration Award Against Former Client For $78,154.49 In Unpaid Fees, Plus $126,406.25 In Fees And $36,681.57 In Costs For Arbitration Success, Plus $133,362.50 For Having To File Motion To Compel Arbitr

Cases: Arbitration, Cases: Reasonableness of Fees

Case Demonstrates How Fees/Costs Easily Can Outstrip Base Compensatory Award.             Attorney had to sue a former client for unpaid bills, invoking an arbitration clause in the initial retainer agreement.  One of the key issues was whether that initial retainer agreement was orally modified by the parties’ conduct to encompass later matters, with the proof

Lodestar/Substantiation Of Reasonableness Of Fees: Prevailing Party’s Attorney’s Declaration And Billing Statements Constituted Adequate Substantiation

Cases: Lodestar, Cases: Reasonableness of Fees

Full Fee Request Properly Awarded By The Trial Court, Which Did Not Need To Expressly Discuss Lodestar Factor Consideration In Her Ruling             As we have observed before, federal courts generally require more detailed substantiation in support of fee requests and require district judges to explain their fees awards with some specificity.  (See posts under

Reasonableness Of Fees/Section 998:  Trial Judge Properly Awarded Defense $177,221.57 In Attorney’s Fees And Costs After Plaintiffs Failed To Support Amount Of Requests After Accepting 998 Offers

Cases: Reasonableness of Fees, Cases: Section 998

Excessive Hourly Rates, Vague Billing Entries, Excessive Billing Entries, Work Duplication, And No Justification For Positive Multiplier Rationales By Trial Judge Constituted No Abuse Of Discretion.             FEHA plaintiffs accepted CCP § 998 offers from two defendants by which money was paid to them and which allowed for recovery of claimed preoffer fees and costs

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