Cases: Reasonableness of Fees

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,

Prevailing Party/Reasonableness Of Fees/Section 998: Pragmatic Test Made Plaintiff Prevailing Party In Lease Dispute, With All Of Requested Fees Granted

Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 998

  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       In Crowdflower, Inc. v. Asher Insights, Inc., Case No. A143235 (1st Dist., Div. 2 Dec. 29, 2016) (unpublished), new office building owner served a CCP § 998 offer in a contentious lease/retaliation dispute with

Allocation, Civil Rights, Paralegals, Reasonableness Of Fees: Substantial Fee Recovery Remanded Based On Merits Reversal

Cases: Allocation, Cases: Civil Rights, Cases: Paralegal Time, Cases: Reasonableness of Fees

  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 of State Hospitals, Case No. A143149 (1st Dist., Div. 2 Oct. 28, 2016) (unpublished), plaintiff was awarded $1 million in damages against defendants Dept.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

Consumer Statutes: Successfully Settling Plaintiff Sustains Lower Court Win Of Over $180,000 In Attorney’s Fees Under The Song-Beverly Act In Lemon Law Case

Cases: Consumer Statutes, Cases: Reasonableness of Fees

  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

Employment/Reasonableness Of Fees: FEHA/Labor Plaintiff Winning Only $9,648, But Requesting Fee Recovery Of $276,684, Correctly Awarded Zilch—Nada

Cases: Employment, Cases: Reasonableness of Fees

  Plaintiff Asked Jury For $322,551 In Damages; Chavez Found Controlling.     Inflated or excessive fee requests provide an opportunity for a trial judge to deny the request altogether or make substantial reductions.  Unfortunately for a marginally winning plaintiff below, the former—the zilch/nada—option was seized by the trial judge and affirmed by the appellate court

Construction/Reasonableness Of Fees: Lower Court Did Not Err In Awarding Prevailing Subcontractor Assignee Only 35% Of Requested Attorney’s Fees And Costs

Cases: Construction, Cases: Reasonableness of Fees

  Subcontractor Assignee Did Recover $282,915 In Fees/$35,859.85 In Costs Based On Compensatory Award Of $220,045.     In Mako Investments, LLC v. West Coast Contractors of Nevada, Case No. C073867 (3d Dist. Oct. 3, 2016) (unpublished), general contractor (West Coast) and subcontractor (Zephyr, which assigned its claim to an assignee) got into a dispute over

Reasonableness Of Fees: $61,901.25 Fee Award Affirmed Even Though Automobile Sales Finance Act Case Compensatory Award Only $30,035.84

Cases: Reasonableness of Fees

  Appellate Court Did Not Entertain New Arguments For Reductions Made On Appeal.       In the attorney’s fees area, you usually do not want to be in a position to solely challenge the amount of fees given a deferential abuse of discretion standard on appeal. That is where appellant went in Hammond v. Promenade Imports

Homeowners Association/Reasonableness Of Fees/Section 1717: $25,614 Post-Judgment Enforcement Fee Award To HOA Affirmed On Appeal

Cases: Homeowner Associations, Cases: Reasonableness of Fees

  HOA Counsel Did Good Job Of Apportioning Fees As Far As Reasonableness Of Amount.     The attorney for the prevailing homeowners association (HOA) did something very smart in Bryan Ranch Homeowners Assn. v. Lawrence, Case No. A147659 (1st Dist., Div. 1 Sept. 16, 2016) (unpublished), which we will now describe.     There, a homeowner

Reasonableness Of Fees: Trial Court’s Failure To Consider All Lodestar Work Efforts Required A Reexamination In Heavily Contested Unlawful Detainer Matter

Cases: Reasonableness of Fees

  Award Of $23,800 Out Of Requested $185,897 Was An Abuse Of Discretion Under The Circumstances.     Lots of practitioners may assume that the amount of a fee award is impervious to appellate attack under the abuse of discretion standards.  This next case may temper that impulsive reaction:  the circumstances may well dictate otherwise.    

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