Cases: Reasonableness of Fees

Allocation/Lodestar/Reasonableness Of Fees: Former Employee Losing Wage/Hour Claims Hit With $150,519.36 Adverse Fee Award

Cases: Allocation, Cases: Lodestar, Cases: Reasonableness of Fees

  Hourly Rates by Defense Were Reasonable; No Apportionment Required.      Plaintiff, a former employee, sued defendant former employer for unpaid commissions, vacation time, and unreimbursed expenses, requesting an award of attorney’s fees upon prevailing under Labor Code sections 218.5 and 218.6 (wage/hour fee-shifting provisions). Plaintiff brought four causes of action, one of which was […]

Reasonableness Of Fees: 40% Vaguely Explained Reduction Did Not Pass Muster Before Ninth Circuit In Civil Rights Case

Cases: Civil Rights, Cases: Reasonableness of Fees

  Simply Saying Fees “Excessive” Was Not Enough.      In Barnard v. Theobald, Case No. 11-16625 (9th Cir. July 1, 2013) (for publication), the Ninth Circuit affirmed an excessive police force jury verdict against defendants. However, it vacated a district judge’s decision to reduce requested attorney’s fees under the federal civil rights statute (42 U.S.C.

Costs/Reasonableness Of Fees: Fee Award Of Less Than One-Third of Requested Lodestar Affirmed, But Routine Costs Denial Reversed Because Failure To Use Judicial Council Form Was Not Dispositive

Cases: Costs, Cases: Reasonableness of Fees

  Defense Has No Obligation to Produce Its Fees Expended Absent a Proper Discovery Request, Appellate Court Rules.      McElroy v. City of San Diego, Case No. D059562 (4th Dist., Div. 1 May 30, 2013) (unpublished) is a “meaty” decision on a lot of cross-over attorney’s fees issues. So let us begin.      The underlying

Prevailing Party/Section 1717/Substantiation Of Fees/Allocation/Reasonableness Of Fees: Tobacco I Case Now Certified For Publication

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe".  1924.  Library of Congress.       In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with

Prevailing Party/Section 1717/Substantiation Of Fees/Apportionment/Reasonableness Of Fees: People Of The State Of California Get $2.944 Million Fee Recovery In Tobacco Cases I Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

     Cigarette ad, Times Square.  Feb. 1943.  John Vachon, photographer.  LOC.      Although this case has quite a storied history, In re Tobacco Cases I, Case Nos. D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision.      What happened is this, in brief. People,

Consumer Statutes/Reasonableness of Fees: $1 FDCPA Compensatory Award Justified $89,489.60 In Fees/Costs Under Federal Consumer-Oriented Statute

Cases: Billing Record Substantiation, Cases: Consumer Statutes, Cases: Reasonableness of Fees

  Block Billing Also Discussed.      A creditor was sued under a cross-complaint by a debtor under both the Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act (FDCPA). Debtor won a summary judgment motion on the FDCPA claim, on condition that she agree to a compensatory award of $1,

Appealability/Fee Clause Interpretation/Lodestar/Reasonableness Of Fees/SLAPP: Appellate Trifecta On Fee Issues

Cases: Appealability, Cases: Fee Clause Interpretation, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: SLAPP

  Marathon Funding, LLC v. Paramount Pictures, Case No. B240723 (2d Dist., Div. 8 Mar. 4, 2013) (Unpublished).      In this first one, defendant won more than $690,548.90 in posttrial attorney’s fees under an investment agreement providing fees to the winner “in any action, suit, or other proceeding [that] is instituted concerning or arising out

Allocation/Homeowner Associations/Reasonableness Of Fees: $750,000 Fee And $33,141.67 Costs Awards Sustained On Appeal

Cases: Allocation, Cases: Homeowner Associations, Cases: Reasonableness of Fees

  Entitlement, Apportionment, and Amount Challenges Rejected.      In Sinclair v. Katakis, Case No. F060497 (5th Dist. Jan. 23, 2013) (unpublished), $750,000 in attorney’s fees (out of a requested $1.2 million) and $33,141.67 in costs were awarded against defendants in a battle involving CC&Rs as well as notes and deeds of trust with contractual fee

Year End 2012 California Intermediate Fee/Costs Decisions

Cases: Allocation, Cases: Liens for Attorney Fees, Cases: Reasonableness of Fees

  Here are the remaining December 31, 2012 intermediate DCA decisions on fees/costs issues, Liens For Attorneys Fees: Timothy D. Reubon, Inc. v. One West Bank, Case No. B234958 (2d Dist., Div. 1 Dec. 31, 2012) (unpublished)      In this one, judgment creditor/former attorney obtained a judgment against judgment debtor/former client for past due services.

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