Plaintiff Sought Over $620,000—Deemed Too Exorbitant. Although we know that generally FEHA fees are mandatory to a prevailing party, the rub is always on the amount of fees to be awarded. In Jain v. RJHT Compuquest, Inc., Case No. B271935 (2d Dist., Div. 4 May 19, 2017) (unpublished), a FEHA plaintiff settling […]
Class Counsel Appealed, But To No Avail Except On Two Minor Issues. Woosley v. State of California, Case No. B261454 (2d Dist., Div. 5 April 24, 2017) (unpublished) was a dispute which spanned close to 40 years, with the parties then hassling over attorney’s fees over the last dozen years. (Kinda
Hourly Rates Were Reasonable, And 28% Reduction Cemented The Conclusion. In Ellis v. Mercury Ins. Co., Case No. E064749 (4th Dist., Div. 2 April 14, 2017) (unpublished), plaintiff lost a SLAPP motion and then lost an appeal of the SLAPP merits loss. The lower court then awarded the defendant insurance company $8,797.50
Did Not Matter That Plaintiff Nixed Earlier Settlement Offer. In Ruiz v. U.S. Security Associates, Inc., Case No. B275201 (2d Dist., Div. 1 Mar. 28, 2017) (unpublished), a FEHA plaintiff accepted a CCP § 998 offer, reserving fee recovery to the trial judge. Plaintiff obtained a $ 481,100 fee recovery even though requesting
Deferential Standard Of Review Not Hurdled In This One. In Zauner v. Defterios, Case No. B271922 (2d Dist., Div. 6 Mar. 21, 2017) (unpublished), appellant sought needs-based fees in a child custody modification proceeding. She requested $77,067.50 in fees and $17,459.77 in costs, but was only awarded $10,000 in fees and $5,000 in costs.
Bank Had Requested To Recoup $1.3 Million In Fees. Plaintiff in pro per attorney sued a well-known bank for breach of contract in connection with servicing his home mortgage. Bank obtained a summary judgment on some claims and lost a remaining claim at trial after more than 11 years of litigation. The trial
Appellate Court Felt Denial Of Compensation To Successful Appellate Counsel Was Not Fair, But Opinion Has Further Far-Reaching Consequences As Far As What Type of Fee Substantiation Suffices. The abuse of discretion standard on fees award is difficult to surmount. However, it may not be such a tremendous hurdle if the rights facts
Facts Were Interesting, But Fee Award Was Not Shocking In Nature. Landlord (Mr. Timothy Rack Rent) telling tenant leasehold (a country attorney) that rent is being raised. Circa 1750-1795. John Spilsbury, engraver. Library of Congress. We will have to say that after blogging for close to nine years, the attorney’s
Also, Costs Memorandum Was Untimely Filed, With Sender Giving Notice Of Judgment Entry Not Getting Benefit Of 5-Day Mail Service Extension. In Hernandez v. Town of Apple Valley, Case No. E063721 (4th Dist., Div. 2 Jan. 5, 2017) (partially published; fee and costs discussion not published), plaintiff won on a Brown Act violation,
Defense Only Said Our Fees Are Only One Third Of The Request, With Trial Court Not Crediting That Retort. In Crowdflower, Inc. v. Asher Insights, Inc., Case No. A143235 (1st Dist., Div. 2 Dec. 29, 2016) (unpublished), new office building owner served a CCP § 998 offer in a contentious lease/retaliation dispute with
