Cases: Reasonableness of Fees

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     In Save Westwood Village v. Luskin, Case No. B257354 (2d Dist., Div. 2 Aug. 18, 2015 posting) (unpublished), defendants brought a SLAPP motion, triggering plaintiffs to voluntarily dismiss them from the case.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      In City of Indian Wells v. Lawellin, Case No. E060000 (4th Dist., Div. 2 June 11, 2015) (unpublished), City of Indian Wells prevailed in a dispute over a local ordinance limiting height of hedges to

Intellectual Property, Reasonableness Of Fees: Copyright Act Does Not Preempt Fee Entitlement Under Broad Contractual Fees Clause

Cases: Intellectual Property, Cases: Reasonableness of Fees

  However, District Judge’s Award Of Only 15% of Requested Fees Vacated/Remanded For Another Adjudication On the Issue.      In an issue of first impression, the Ninth Circuit in Ryan v. Editions Limited West, Inc., Nos. 12-17810/13-15061 (9th Cir. May 19, 2015) (published), decided that the Copyright Act of 1976 does not expressly or implicitly

Appealability, Reasonableness Of Fees: Sham Guaranty Defense Case Producing Divergent Results Also Tally A “Wash” On Fee Awards In The End

Cases: Appealability, Cases: Reasonableness of Fees

  Dueling Fee Motions Really Come Close To Negating Each Other.     Iota Five, LLC v. Dobron, Case No. G050738 (4th Dist., Div. 3 May 11, 2015) (unpublished) was a case where there were fee clauses in guaranties, with the two defendants—represented by the same counsel—gaining a complete victory on a sham guaranty defense as

Lodestar, Multiplier, Reasonableness Of Fees: Save Our Uniquely Rural Decision Certified For Publication

Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees

  Deals With Multiple Issues After Lower Court Awarded Only $19,176 Out Of Requested $231,000 In Fees.      In our March 19, 2015 post, we discussed the unpublished decision of Save Our Uniquely Rural v. County of San Bernardino, Case No. E059521 (4th Dist., Div. 2 Mar. 18, 2015). We now can update: the decision

Lodestar, Multiplier, Reasonableness Of Fees: Lower Court Did Not Err By Awarding $19,176 Out Of Requested $231,098 In Fees Under Private Attorney General Statute To Prevailing Plaintiff

Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees

  Limited Success, Excessive Hourly Rates, and Excessive Work Led To Reductions, Although Court Disagrees With One Aspect Of Gorman Decision.      In Save Our Uniquely Rural Community Environment v. County of San Bernardino, Case No. E059524 (4th Dist., Div. 2 Mar. 18, 2015) (unpublished), a CEQA plaintiff, a non-profit opposing the development of an

Lodestar, Reasonableness Of Fees: Trial Court’s Award Of $780,660.80 Out Of Requested $3,639,238.31 To FEHA Prevailing Plaintiff Affirmed On Appeal, Where Plaintiff Recovered $663,983

Cases: Lodestar, Cases: Reasonableness of Fees

  Lack of Detailed Reasoning Did Not Translate Into Abuse of Discretion, With Lower Court Having Plenty of Ammunition To Lower Requested Fees.      We know that the law in many fee-shifting areas says that awarded fees do not have to be proportional to the ultimate damages awarded, especially in civil rights or consumer areas.

Lodestar, Multiplier, Private Attorney General, Reasonableness Of Fees, Substantiation Of Fees: Plaintiff’s Attorneys Garner $721,994.81 In Fee Recovery For Successfully Arguing City Of Los Angeles Could Not “Outsource” Initial Review Of

Cases: Lodestar, Cases: Multipliers, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

  However, Many of the Nonstatutory Costs Were Taxed.      Although we do not often post about trial court decisions involving fees and costs, Caleb Marker of Ridout Lyon + Ottoson, LLP in Long Beach sent us copies of the fees and costs rulings in Weiss v. City of Los Angeles, Case No. BC141354 (L.A.

Allocation, Fee Clause Interpretation, Lodestar, Reasonableness Of Fees, Section 998: Prevailing Attorneys In Collection Suit Against Ex-Client Sustain $1.532M Fee Award And $123K Expert Witness Fee Award On Appeal When Attorneys Recovered Base Collection

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Section 998

  Fees Clause Was Broadly Worded, Former Attorneys Represented Client In Seven Suits, and Section 998 Rejection Gave Rise to Expert Witness Fee Award.      This next opinion, Calvo Fisher & Jacob LLP v. Lujan, Case No. A139863 (1st Dist., Div. 2 Feb. 19, 2015) (published), is must reading for both litigants and attorneys involved

Employment, Reasonableness Of Fees: Plaintiff Winning Statutory Wage/Hour Penalties Of $4,000 Also Garnered $41,500 In Fees

Cases: Employment, Cases: Reasonableness of Fees

Trial Court Did Reduce Hourly Rate And Only Awarded Fees For Trial Attorney Work.      In Yoo v. Song, Case No. B256229 (2d Dist., Div. 7 Feb. 17, 2015) (unpublished), an ex-employee of defendants sued for unpaid overtime, statutory penalties under Labor Code sections 203 and 226, pay for meal/rest periods under Labor Code section

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