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 Co., Case No. E064749 (4th Dist., Div. 2 April 14, 2017) (unpublished), plaintiff lost a SLAPP motion and then lost an appeal of the SLAPP merits loss.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 In Ruiz v. U.S. Security Associates, Inc., Case No. B275201 (2d Dist., Div. 1 Mar. 28, 2017) (unpublished), a FEHA plaintiff accepted a CCP § 998 offer, reserving fee recovery to the trial judge.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 In Zauner v. Defterios, Case No. B271922 (2d Dist., Div. 6 Mar. 21, 2017) (unpublished), appellant sought needs-based fees in a child custody modification proceeding.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 In Crowdflower, Inc. v. Asher Insights, Inc., Case No. A143235 (1st Dist., Div. 2 Dec. 29, 2016) (unpublished), new office building owner served a CCP § 998 offer in a contentious lease/retaliation dispute with
However, Appellate Court Provides Remand Guidance On Allocation, Paralegal Compensation, And Reasonableness Issues. In Samuelson v. Dept. of State Hospitals, Case No. A143149 (1st Dist., Div. 2 Oct. 28, 2016) (unpublished), plaintiff was awarded $1 million in damages against defendants Dept. of State Hospitals and three psychologists hired by Napa State Hospital based
Defense Prior Efforts To Settle Contained Unreasonable Extraneous Terms And Case Was Hard Fought, Justifying A $575 Hourly Lodestar Rate. When you try to settle a case, make sure you do not ask for extraneous extractions of an unreasonable or unallowable nature. The failure to do so doomed the defense efforts to challenge
