Cases: Reasonableness of Fees

Bankruptcy Efforts, Pleading, Reasonableness Of Fees:  4/1 DCA Reverses Fee Award Based On Failure To Consider Previously Filed Papers On Prior Motion

Cases: Bankruptcy Efforts, Cases: Pleading, Cases: Reasonableness of Fees

Additionally, Remand Made To Include Bankruptcy Efforts And Provide A Better Explanation Of 50% Fee "Haircut".             Roth v. Plikaytis, Case No. D070484 (4th Dist., Div. 1 Sept. 13, 2017) (partially published) is a situation where defendant prevailed on a breach of contract action allowing fee entitlement (after a jury trial), but where the trial […]

Deadlines, Fee Clause Interpretation, Reasonableness Of Fees:  $210,000 Contractual Fees Award Affirmed On Appeal In Contentious Foreclosure/Eviction Case  

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

  Technical Challenges Are Rejected At Appellate Level.             In Coastline RE Holdings Corp. v. Brillouet, Case No. B282382 (2d Dist., Div. 6 Aug. 24, 2017) (unpublished), owners/residential borrowers had their house foreclosed (after quitclaiming the property to various entities and filing bankruptcies which were dismissed) and then lost an eviction action by the buyer

Employment, Indemnity, Reasonableness Of Fees, Requests For Admissions: Four Unpublished Decisions On July 11, 2017 Highlight These Issues

Cases: Employment, Cases: Indemnity, Cases: Reasonableness of Fees, Cases: Requests for Admission

Fee Reasonableness—Neman Real Estate Investments, LLC v. Oken. Case Nos. B263196/B263718 (2d Dist., Div. 4 July 11, 2017) (unpublished).             In this first one, defendants won a commercial property dispute and were awarded costs/fees of $619,566.75 based on a “blended” $495 hourly rate to L.A. real estate litigators that happened to be “below market.”  The

Prevailing Party/Reasonableness Of Fees: Only One Prevailing Party Can Be The Result In Contractual Dispute Involving Defensive Cross-Complaint

Cases: Prevailing Party, Cases: Reasonableness of Fees

  Defendant Defeating Plaintiff’s Contractual Claims Was Sole Prevailing Party, Reversing Fee Award To Cross-Defendant Prevailing On Usury Claim.           In Kelly v. Mayer, Case No. D071080 (4th Dist., Div. 1 June 23, 2017) (unpublished), plaintiff sued on a note and defendant defensively cross-claimed primarily upon fraud and usury grounds. After a 25-day jury trial,

Reasonableness Of Fees:  FEHA Prevailing Plaintiff, Through Settlement Garnering $75,000, Properly Awarded Only $76,900 In Fees

Cases: Reasonableness of Fees

    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

Multipliers/Reasonableness Of Fees:  $2.5 Million Fee Award To Class Counsel Was No Abuse Of Discretion

Cases: Multipliers, Cases: Reasonableness of Fees

    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

Family Law/Reasonableness Of Fees: Trial Judge Awarding Only $15,000 In Fees And Costs Based On Requested $77,067.50 In Fees And $17,459.77 In Costs Was No Abuse Of Discretion

Cases: Family Law, Cases: Reasonableness of Fees

  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.

Reasonableness Of Fees: Plaintiff In Pro Per Attorney Failing To Prevail In Multi-Year Litigation With Bank Was Properly Assessed With $744,204.50 Of Bank’s Legal Fees

Cases: Reasonableness of Fees

  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

Scroll to Top