Cases: Reasonableness of Fees

Reasonableness Of Fees: Prevailing “Lemon Law” Plaintiff Awarded Only $61,236.45 In Requested Fees Of $291,521.25 Did Not Gain More Fees On Appeal

Cases: Reasonableness of Fees

Lower Court Had Discretion, And Got It Right According To Reviewing Tribunal—Especially Given $12,000 Settlement Amount. ​You gotta be reasonable as a fee claimant. This one shows that in graphic, telling detail. ​In Camargo v. Triumph Motorcycles (America) Ltd., Case No. H039172 (6th Dist. June 27, 2014) (unpublished), a “lemon law” plaintiff under a mandatory […]

Appeal Sanctions/Reasonableness Of Fees On Appeal: Over $91,000 In Fees On Appeal Sustained As Being Reasonable

Cases: Appeal Sanctions, Cases: Reasonableness of Fees

  However, Appeal Sanctions Not Imposed Against Appellants’ Attorney.      We can discern that the Second District, Division 2 is tired of the appeals in ASAP Copy and Print v. Canon Business Solutions, Inc., Case No. B249588 (2d Dist., Div. 2 June 23, 2014) (unpublished), all of which arose from a copier lease dispute. This

Allocation/Prevailing Party/Reasonableness Of Fees/Special Fee Shifting Statute: Two Tenants Recovering Fees Of $184,330.40 In Tenant Ordinance Dispute Keep Them On Appeal Against Landlord Defendants

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

  Fee Award Did Not Have To Be Proportional To $45,441 Jury Verdict Recovery.      In Ochoa v. San Juan, Case Nos. A130993/A131051 (1st Dist., Div. 2 June 9, 2014) (unpublished), the appellate court considered the review of a $184,330.40 to two tenants under a tenant ordinance/ local proposition with prevailing party provisions even though

Allocation/Reasonableness Of Fees/Section 1717: LLC Member Fee Recovery Of Around $327,000 In Fees Affirmed On Appeal

Cases: Allocation, Cases: Reasonableness of Fees

  Apportionment and Mitigation Arguments Rejected By Reviewing Court.      Hill v. Degery, Case No. H038874 (6th Dist. June 9, 2014) (published) is a situation where, after an earlier appeal reversing a fee denial, an LLC member was granted fees based on its statutory immunity defense that it could not be liable unless its conduct

Civil Rights/Reasonableness Of Fees: $224,675.71 Additional Fee Award In FEHA Case Affirmed Under Abuse Of Discretion Standard

Cases: Civil Rights, Cases: Reasonableness of Fees

  FEHA Plaintiff’s Counsel Offered 5% Duplication Discount and Trial Court Reduced Another 60% From Requested Amounts—Nothing More Needed.      Vargas v. Martinez-Senftner Law Firm, P.C., Case No. C069218 (3d Dist. June 5, 2014) (unpublished) was a losing defense appeal of a second lower court award of an additional $224,675.71 in fees to a winning

Allocation/Reasonableness Of Fees/Section 1717: $125,000 Fee Recovery By Plaintiff On Rescission Claim Was “On The Contract” Under Section 1717

Cases: Allocation, Cases: Reasonableness of Fees, Cases: Section 1717

  However, Fee Recovery Modified to Allow Recovery Against Only Losing Signatory Defendant.      Plaintiff, after losing her investment in a security, sued various parties involved in its sales and packaging, with a jury ultimately awarding her $196,058.33 on fraud, fiduciary duty breach, negligence, and negligent misrepresentation claims. The lower court then awarded $125,000 (out

Civil Rights/Reasonableness Of Fees/Section 998: $30,000 Fees And Zero Costs To Plaintiff Accepting 998 Offer In Civil Rights Case No Abuse Of Discretion

Cases: Civil Rights, Cases: Reasonableness of Fees, Cases: Section 998

Plaintiff Wanted $93,421.50 in Fees and $7,609.19 in Costs.      Arguing that a lower court erred in fixing the amount of a fee award is a tough proposition given that a deferential abuse of discretion review standard applies. Plaintiff learned that all too well in Nickel v. ARB, Inc., Case No. G048500 (4th Dist., Div.

Paralegals/Reasonableness Of Fees/Section 1717: Plaintiffs Not Prevailing On Purchase Deposit Retention Dispute Were Correctly Hit With $1,146,682 In Fee Exposure

Cases: Paralegal Time, Cases: Reasonableness of Fees, Cases: Section 1717

  Fee Clause Was Broad, But Lower Court Correctly Reduced Paralegal Hourly Rates—Finding $330 Per Hour Too High.      Royalty Alliance, Inc. v. Tarsadia Hotels, Case Nos. D062537/D063402 (4th Dist., Div. 1 May 29, 2014) (unpublished) was a case where plaintiffs lost summary judgment motions challenging a developer’s retention of purchase deposits under various theories,

Lodestar/Multiplier/Reasonableness Of Fees: Second District, Division 4 Unpublished Decision Has Outstanding Discussion Of Lodestar/Multiplier Factors, Limited Success, And Opposing Counsel Fees In Sustaining Lower Court Fee Award In Overtime Employee Cas

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

  $603,150 Out of Requested $1,512,794.50 Was the Award, With Defense Counsel Getting Paid $1,070,000 by Safeway.      Although unpublished, the Second District, Division 4 has done an outstanding job of analyzing a reasonableness of fee award where both sides (prevailing employee and defending former employers) appealed, with employee arguing the fee award was too

Allocation/Reasonableness Of Fees/Section 998/Section 1717: $327,553 Fee Award To Plaintiff Residential Tract Developer, Which Won $126,818.62 At Trial, Sustained Under Broad Contractual Fees Clause

Cases: Allocation, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Section 998

  Section 998 Calculation of Preoffer Fees/Costs Sealed the Result.      Frontier Land Companies v. Jeld-Wen, Inc., Case No. C064351 (3d Dist. May 22, 2014) (unpublished) is a case involving contractual/indemnity claims by plaintiff residential home builder against defendant window/door subcontractor. At trial, plaintiff claimed damages of $245,066.82, but the defense countered damages were at

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