Cases: Reasonableness of Fees

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a third round of appeals, P&D Consultants, Inc. v. City of Oakland, Case No. D060760 (4th Dist., Div. 1 Nov. 27, 2013) (unpublished), the appellate court considered whether the trial judge properly fixed attorneys’ fees under California’s prompt […]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

Reasonableness Of Fees/Special Fee-Shifting Statute: Defendant Losing Financial Elder Abuse Case Exposed To Fees Award

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

  $700,000 Was Fee Award, With Appellate Court Sustaining $686,500 Of It In Conceded Reductions.      Defendant in Kalfin v. Kalfin, Case No. G047275 (4th Dist., Div. 3 Oct. 15, 2013) (unpublished) was hit with a $1.4 million compensatory and $260,000 punitive damages award on causes of action for contractual breach and financial abuse in

Reasonableness Of Fees: $141,080 Fees For Plaintiff’s Attorneys Winning Labor Code Violations Sustained On Appeal

Cases: Reasonableness of Fees

  Compensatory Award to Plaintiff Was A Little Over $56,000.      Just to be sure, plaintiffs winning certain Labor Code violations, even if the compensatory damages are small, can win exponentially greater attorney’s fees awards under plaintiff-friendly fee shifting statutes.      That occurred in Quiroz v. Emergency University, Case No. A137595 (1st Dist., Div. 2

Class Actions/Costs/Multiplier/Reasonableness Of Fees: Plaintiffs Winning Vacation Pay Labor Code Class Action Also Garner Costs Of $145,341.93 And Attorney’s Fees Of $5,722,008

Cases: Class Actions, Cases: Costs, Cases: Multipliers, Cases: Reasonableness of Fees

  2.0 Multiplier Enhancement Was Justified.      In Molina v. Lexmark International, Inc., Case Nos. B227746 et al. (2d Dist., Div. 2 Sept. 19, 2013) (unpublished), an employer suffered a $7,777,620 adverse amended judgment in a class action involving employer’s vacation policy violations of Labor Code section 227.3. The lower court also awarded plaintiffs $145,341.93

Lodestar/Reasonableness Of Fees: Landlord, Prevailing Party After Prior Appellate Reversal, Got Pretrial/Trial Work Reduced Based On Its Own Criticism Of Lessees’ Lodestar Request When They Were The Earlier Prevailing Parties Prior To Reversal

Cases: Lodestar, Cases: Reasonableness of Fees

  “Be Careful What You Ask For” Is the Theme Here, Despite a Reversal of Fortune.      Image 2000 Multimedia, Inc. v. Quinn, Case No. D061776 (4th Dist., Div. 1 Sept. 16, 2013) (unpublished) is a classic example of “be careful for what you ask for” during the case where there is a sudden reversal

Civil Rights/Reasonableness Of Fees: Ninth Circuit Reverses $473,138.24 Fee Award To Civil Rights Winners In Settlement Where $500,000 Was Stipulated Damages Figure

Cases: Civil Rights, Cases: Reasonableness of Fees

  District Judge Must Explain Cuts With Specificity, Showing Math With Transparency And Not Capping Based on Compensatory Damages Amount.      Gonzalez v. City of Maywood, Case No. 11-56594 (9th Cir. Sept. 9, 2013) (for publication) is must reading for civil rights practitioners filling fee petitions. However, it also has valuable lessons for attorneys involved

Civil Rights/Reasonableness Of Fees: FEHA Winning $1 In Damages Won $349,313.74 In Attorney’s Fees And $11,952.94 Under FEHA Fee-Shifting Statute

Cases: Civil Rights, Cases: Reasonableness of Fees

  Appellate Court Found Trial Court Did Not Abuse Discretion in Awarding Fee Award 600 Times the Damages Award.      Government Code section 12965(b) is a special fee-shifting provision which especially allows attorney’s fees and costs to be awarded to winning FEHA plaintiffs. Strict proportionality is not necessary between damages and fees awarded, with the

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