Cases: Reasonableness of Fees

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           Bank of Southern California, N.A. v. D&D Goryoka, Inc., Case No. D072231 (4th Dist., Div. 1 June 13, 2018) (unpublished) was an appeal from an attorney’s fees award from a prior appellate decision remand […]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             In Lepe v. Luft Enterprises, Case No. E067382 (4th Dist., Div. 2 May 10, 2018) (unpublished), three plaintiffs won wage/hour awards against the defendant to the tune of $140,016.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

Homeowner Associations/Reasonableness Of Fees:  HOA Properly Awarded $31,375 Out Of $91,936 Base Line Lodestar Fee Request

Cases: Homeowner Associations, Cases: Reasonableness of Fees

Trial Judge Did Not Err In Assessing Settlement Offers With Respect To Overall Request.             In Villa Riviera Condominium  Assn. v. Berg, Case No. B269191 (2d Dist., Di. 3 Feb. 8, 2018) (unpublished), HOA did win a CC&R assessment battle against homeowner on a summary judgment motion, then seeking a lodestar amount of $91,936 in

Allocation/Reasonableness Of Fees:  Guarantors Obtaining Assignment Of Lender Rights Correctly Hit With About $400,000 In Attorney’s Fees Under Operative Fee Clause  

Cases: Allocation, Cases: Reasonableness of Fees

  Apportionment And Excessive Fee Challenges Did Not Prevail On Appeal.             In Thompson v. T.D. Service Co., Case No. A148281 (1st Dist., Div. 5 Jan. 31, 2018) (unpublished), a trustee under a deed of trust made a mistaken full credit bid at an initial nonjudicial foreclosure sale even though the mistake was corrected in

Allocation, Prevailing Party, Reasonableness Of Fees:  $32,133.50 Fee Award Arising Out Of Plaintiff’s $5,159.77 Easement Dispute Victory Affirmed On Appeal

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

Fees Were Reasonable, Plaintiffs Were Successful, And No Apportionment Required.             Neighbors, which happens more frequently than one might suppose, got into a dispute over a negative easement involving an excavation ban within 10 feet of the base of certain trees along their shared property, with the dispute based upon a settlement agreement in Biggs

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