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 In our March 19, 2015 post, we discussed the unpublished decision of Save Our Uniquely Rural v. County of San Bernardino, Case No. E059521 (4th Dist., Div. 2 Mar. 18, 2015).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 […]
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Uniquely Rural Community Environment v. County of San Bernardino, Case No. E059524 (4th Dist., Div. 2 Mar. 18, 2015) (unpublished), a CEQA plaintiff, a non-profit opposing the development of an
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.
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.
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
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 In Yoo v. Song, Case No. B256229 (2d Dist., Div. 7 Feb. 17, 2015) (unpublished), an ex-employee of defendants sued for unpaid overtime, statutory penalties under Labor Code sections 203 and 226, pay for meal/rest periods under Labor Code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
Amount of Awarded Fees Was Reasonable, Given Trial Judge Only Granted 62% Of Requested Fees. In Afra v. Artech Properties, LLC, Case No. B250073 (2d Dist., Div. 7 Jan. 5, 2014) (unpublished), Artech Properties and another party defensed a fraud lawsuit, replete with related equitable claims, as against a party seeking to recover
One Reversal Involved A Non-Class Action Percentage Of Recovery Methodology Found Flawed By The Appellate Court, So Apportionment Re-Do On One Issue Was Ordered. Paletz v. Adaya, Case No. B247184 (2d Dist., Div. 3 Dec. 29, 2014) (unpublished) involved bad facts, resulting in a substantial jury verdict and substantial fees, most of which
Absence of Opposition From Other Side Steered the Affirmance. In Southern Cal. Gas. Co. v. Flannery, Case No. B249616 (2d Dist., Div. 5 Dec. 16, 2014) (published), gas company brought an interpleader action to direct disposition of settlement proceeds in multiple fire cases, ultimately being granted an unopposed motion for discharge and then
Plaintiff Did Succeed, With Efforts On Other Claims Interrelated. In State of Arizona v. Asarco, No. 11-17484 (9th Cir. Dec. 10, 2014) (en banc) (published), a Title VII plaintiff primarily alleging sexual harassment claims brought an action against an employer having more than 500 employees. The jury awarded plaintiff $1 in nominal compensatory
