Cases: Reasonableness of Fees

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           In Kelly v. Mayer, Case No. D071080 (4th Dist., Div. 1 June 23, 2017) (unpublished), plaintiff sued on a note and defendant defensively cross-claimed primarily upon fraud and usury grounds.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  In Jain v. RJHT Compuquest, Inc., Case No. B271935 (2d Dist., Div. 4 May 19, 2017) (unpublished), a FEHA plaintiff settling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               Woosley v. State of California, Case No. B261454 (2d Dist., Div. 5 April 24, 2017) (unpublished) was a dispute which spanned close to 40 years, with the parties then hassling over attorney’s fees over the last dozen years.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     In Zauner v. Defterios, Case No. B271922 (2d Dist., Div. 6 Mar. 21, 2017) (unpublished), appellant sought needs-based fees in a child custody modification proceeding.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

Reasonableness Of Fees/Substantiation Of Fees: Appellate Court Reversed Denial Of Fees In Private Attorney General Case Where Only One Of Four Counsel Compensated

Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

  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

Landlord/Tenant; Reasonableness Of Fees: Tenant Recovering $78,753 In Damages Under Statutory Landlord-Tenant Provisions Properly Awarded Attorney’s Fees Of $91,344.50 As Prevailing Party

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

    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

Costs/Deadlines/Reasonableness Of Fees: $550 Hourly Rate, Although High For San Bernardino Venue, Was Reasonable Given Complexity Of Case–$440 Per Hour More Like It

Cases: Costs, Cases: Deadlines, Cases: Reasonableness of Fees

  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,

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