Cases: Reasonableness of Fees

Reasonableness Of Fees: Failure To Provide Specific Challenges In Contentious Litigation Justified Fee Award By Lower Court In Storage Unit Dispute Against In Pro Per Plaintiff

Cases: Reasonableness of Fees

  Fee Entitlement Justified Under Storage Contract “New Customer” Fee Clause.      Unfortunately, this next case—involving an in pro per plaintiff who looks like she was overmatched—still illustrates our Mission Statement that a small dispute, whether won or lost, can still generate fees which eclipse what is involved on the merits—something both litigants and practitioners […]

Consumer Statutes/Lodestar/Reasonableness Of Fees: Ford’s Oral Opposition To Lemon Law Fee Request Was Unsuccessful As Was Subsequent Appeal

Cases: Consumer Statutes, Cases: Lodestar, Cases: Reasonableness of Fees

  Ford Motor Hit With $50,574.19 Lemon Law Jury Verdict, And Then Hit Again With $342,540.25 In Fees As Well As Costs/Expenses On Top.      Many California consumer statutes, like the lemon laws, have mandatory fee-shifting statutes. Frequently, a winning plaintiff can obtain fee awards that are many times a multiplier of the underlying merits

Lodestar/Multiplier/Settlement/Reasonableness Of Fees: Plaintiff Recovering $2.25 Million Dependent Abuse Verdict Also Recoups Additional $333,727.56 In Fees And $31,016.22 In Costs

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

  Much Less Awarded Than Requested $1.042-1.390 Million in Fees; Plaintiff Stipulated to Costs Reduction, With Modified Judgment Entered Accordingly.      This case is an interesting illustration of how lower courts will reduce an inflated fee request to calculate a lodestar as well as enforce a “high/low” stipulation that was silent with regard to fees/costs.

Reasonableness Of Fees/Substantiation Of Fees: Detailed Time Entries, Even Without Billings, Supported $192,678.98 Fees/Costs Award Even Though Compensatory Damages Were Only $44,960.32

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

  Trial Court Showed Discretion Exercised by Slicing $34,630.75 From Fee Request.      Just to show you that fee awards do not have to be proportional to damages and that California does not absolutely require fee billings as substantiation, we refer readers to A-Z Bus. Sales, Inc. v. City of Burbank, Case Nos. B244867/B247187 (2d

Lodestar/Reasonableness Of Fees: Lower Court’s Award Of Civil Code Section 1717 Fees To Winning Defendant Was No Abuse Of Discretion

Cases: Lodestar, Cases: Reasonableness of Fees

  Unpublished Decision Has Nice Review of Lodestar Setting and Appellate Review Principles.      DEI, LLC v. Capital Partners Services Corp., Case No. D062553 (4th Dist., Div. 1 Feb. 13, 2014) (unpublished) is not remarkable for the appellate court’s affirmance of a $134,092.00 attorney’s fees award (out of a requested $153,527.50) to the winning defendant

Construction/Reasonableness Of “Fees On Fees”: On Third Appeal, Trial Court Mainly Gets Award Of Prompt Payment Statutory Fees Right

Cases: Construction, Cases: Reasonableness of Fees

  However, Appellate Court Found Small “Fees on Fees” Award To Be Abuse of Discretion.      In a third round of appeals, P&D Consultants, Inc. v. City of Oakland, Case No. D060760 (4th Dist., Div. 1 Nov. 27, 2013) (unpublished), the appellate court considered whether the trial judge properly fixed attorneys’ fees under California’s prompt

Allocation/Reasonableness Of Fees: On Remand, $68,898 Apportioned Fees Out Of $179,000 Original Request Found Justified

Cases: Allocation, Cases: Reasonableness of Fees

  Originally, Only $1,050 Ordered, But Apportioned Amount Went Up When New Judge Assigned to Fix Fees on Remand.      This case has an interesting history, including a prior appeal which resulted in this decision after the case was remanded and attorneys’ fees were “re-fixed.” However, the post-remand appellate decision does have some great pointers

Employment/Reasonableness Of Fees: Wage/Hour Winning Plaintiff Getting $33,180 Fee Award For $11,700 Damages Judgment Affirmed On Appeal

Cases: Employment, Cases: Reasonableness of Fees

  Judgment Roll Limited Appeal; Trial Court Found Apportionment Not Needed, And Defendant Did Not Identify Fee Entitlement Basis for Winning $10 Business Defamation Award.      This next case, in our view, can well encapsulate many results we have seen over the years on fee disputes. One party wins a small damages award under a

Reasonableness Of Fees: Virginia-Based Courts Offer Laffey Matrix Adjustment Alternative And Tweaks To Calculating Fees Based On Degree Of Success

Cases: Laffey Matrix, Cases: Reasonableness of Fees

  Given California’s More Liberal Approaches, These Alternatives Might Offer Guidance.      California endows trial judges with quite a bit of discretion when fixing the reasonableness of fees in a fee petition proceeding. Hourly rates can be pegged based on attorney declarations, surveys, matrices, and the like. Lodestar adjustments, upward or downward, are based on

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