Cases: Reasonableness of Fees

Reasonableness Of Fees: FEHA Plaintiff Prevailing Party To The Tune Of $5,000 Garners $10,000 More In Attorney’s Fees

Cases: Reasonableness of Fees

  Trial and Appellate Court Rebuffed Plaintiff’s Request For $153,525 In Fees.     Well, plaintiff won a FEHA claim—but had very limited success—in a tenant dispute with landlord and apartment managers over unlawful housing discrimination/retaliation for reporting the alleged discrimination.  A jury awarded plaintiff $5,000, after the trial court directed verdicts on plaintiff’s claims for […]

Reasonableness Of Fees: $55,000 Fee Recovery Was Not Exorbitant In Action Where Plaintiff Recovered $47,000 In Compensatory Damages Against Defendant Guarantor

Cases: Reasonableness of Fees

  No Proportionality Required Under Civil Code Section 1717.      In Cannon v. Hohenberg, Case No. H040497 (6th Dist. Oct. 27, 2015) (unpublished), defendant guarantor lost a case to the prevailing plaintiff where a contractual fees clause was involved. The lower court awarded about $55,000 in fees even though plaintiff only recovered $47,000 in compensatory

Homeowner Associations/Reasonableness Of Fees/Section 1717: Prevailing Defendants Get $525 In Fees, Not The Requested $675,000

Cases: Homeowner Associations, Cases: Reasonableness of Fees

  Appellate Court Found No Basis Under HOA Or Section 1717, But Did Affirm The Small Award Not Challenged By The Other Side—Chastising Defendants For Their Realistic Assessment This Was A Small Claims Matter Undeserving Of Large Fees, But Then Requesting $675,000.      We have to say that our California intermediate appellate courts get interesting

Civil Rights, Multiplier, Reasonableness Of Fees: Multiplier Determination Remanded But Bulk Of Fee Determinations Sustained In Longstanding Civil Rights Case

Cases: Civil Rights, Cases: Multipliers, Cases: Reasonableness of Fees

  Out-of-Town Counsel Use/High Hourly Rates And Positive Multiplier Enhancement Dominate Discussion In Lengthy Unpublished Decision From Riverside DCA.      Although this case should be of interest to civil rights practitioners on the merits (discussing various evidentiary and instructional error issues), Ruelas v. Harper, Case No. E051961 (4th Dist., Div. 2 Oct. 6, 2015) (unpublished)

Civil Rights/Reasonableness Of Fees: Ninth Circuit Reverses District Court Award Of Reduced Fees On Numerous Grounds In Civil Asset Forfeiture Reform Act Case

Cases: Civil Rights, Cases: Reasonableness of Fees

  Case Is A Primer On How To Satisfy Lodestar Factor And Fight An Award Reduced By A District Judge, Whether In CAFRA Or Other Cases.      In U.S.A. v. Moser, No. 13-55266 (9th Cir. Oct. 6, 2015) (published), the Ninth Circuit, in a majority decision by Circuit Judge Hurwitz and a concurrence by Circuit

Consumer Statutes/Reasonableness Of Fees: $60,000 Lemon Law Fee Recovery, Out Of Requested $119,862, Affirmed On Appeal.

Cases: Consumer Statutes, Cases: Reasonableness of Fees

  Challenge To Reasonableness Of Hourly Rate And Work Performed Rebuffed.      California’s Song-Beverly Consumer Warranty Act (sometimes dubbed a “lemon law” in car/RV cases) has a fee-shifting provision which requires the trial court to engage in a little bit different analysis, but not really that different under the lodestar method: determine the actual time

Reasonableness Of Fees: $245,920.50 Is Fee Award To Attorneys Winning Riverisland Parol Evidence Case

Cases: Reasonableness of Fees

  Trial Court Made Some Reasonable Reductions From $287,612 Request.     In Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn., Case No. F069366 (5th Dist. Sept. 28, 2015) (unpublished), the trial court and Fifth District got to deal with the prevailing party’s fee request after winning an important parol evidence issue before the California

Reasonableness Of Fees/Multiplier: Appellate Court Awards Significant Fees In Labor Case, Providing A Primer On How To Support A Fee Petition, Defend Against Attacks, and Differentiate Federal Fee Petition Differences

Cases: Multipliers, Cases: Reasonableness of Fees

  However, Not All Is Lost … Plaintiffs Only Get About 23% Of Requested Fee Amount, Inclusive Of 1.25 Multiplier.     We have to say that all readers interested in fee issues need to read Britto v. Zep, Inc., Case No. A141870 (1st Dist., Div. 5 Sept. 25, 2015) (unpublished)—it gives a great roadmap on

Allocation/Deadlines/Reasonableness Of Fees/SLAPP: $19,012.29 Fee Recovery Upheld In Fee Proceeding Against Voluntarily Dismissing Plaintiffs

Cases: Allocation, Cases: Deadlines, Cases: Reasonableness of Fees

  Lots of Procedural, Allocation, and Reasonableness Challenges Rejected.     In Save Westwood Village v. Luskin, Case No. B257354 (2d Dist., Div. 2 Aug. 18, 2015 posting) (unpublished), defendants brought a SLAPP motion, triggering plaintiffs to voluntarily dismiss them from the case.  However, the trial court determined the merits of the SLAPP motion, granted it,

Reasonableness Of Fees, Substantiation Of Fees: $97,835.84 Fee Recovery To Indian Wells Affirmed In Ficus Tree Hedge Dispute Against Losing Private Nuisance Plaintiffs

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

  Attorney Declaration Suffices For Fee Substantiation At State Court Level, Surmounting Hearsay Objection Based On Business Records Exception.      In City of Indian Wells v. Lawellin, Case No. E060000 (4th Dist., Div. 2 June 11, 2015) (unpublished), City of Indian Wells prevailed in a dispute over a local ordinance limiting height of hedges to

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