Cases: Reasonableness of Fees

Reasonableness Of Fees/Substantiation Of Fees: Attorney Declaration With Work Breakdown Adequately Substantiated Fees

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

  Amount of Fees Awarded Was Sustained, Especially Given One-Third “Haircut.”      Defendants in Hanna v. Gabriel, Case No. B238484 (2d Dist., Div. 1 Dec. 27, 2012) (unpublished) prevailed in a dispute with a contract having a prevailing party fees clause. They sought about $75,000 in fees, supported by a declaration from one attorney describing […]

Reasonableness Of Fees: Trial Court Did Not Error In Failing to Give Credence To Verbal, Mediation Settlement Offer Rejected By Plaintiff When Deciding Whether To Reduce Fee Recovery

Cases: Reasonableness of Fees

       In Fogh v. Los Angeles Film Schools, Case No. B230520 (2d Dist., Div. 2 Dec. 18, 2012) (unpublished), a plaintiff determined to be an administratively exempt employee did obtain a $13,972 compensatory unpaid overtime award. But, wait, the employee was then awarded postjudgment fees of $96,800 against defendant, provoking an appeal.      The

Substantiation Of Reasonableness Of Fee Requests: N.D.Cal. Magistrate Judge Takes A Sickle To Discovery Sanctions Free Requests by Samsung And Apple

Cases: Reasonableness of Fees

  Block Billing, Failure to Describe Tasks, and Insufficient Hourly Rate Proof Were the Main Infirmities. Above:  Ancient Greek iron sickle.  Author:  Giovanni Dall’Orto.  Wikimedia Commons.      U.S. Magistrate Judge Paul S. Grewal of the Northern District of California, in Apple, Inc v. Samsung Electronics Co., Ltd., et al., Case No. C 11-1846 LHK (PSG)

Reasonableness Of Fees/Section 1717/Settlement: Plaintiff Breaching Settlement Agreement With Fees Clause Gets Hit With $110,000 In Attorney’s Fees Even Though Specific Settlement Judge Refused To Hear Post-Settlement Fee Motion

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

  Fees Were Less Than Requested Based on Defendants’ Excessive Litigation Style, But Were Justified Because Plaintiff Did Everything Possible Not To Pay Under the Settlement.      Civil Code section 1717 fee proceedings are equitable in nature. Don’t think for one moment that trial judges presiding over fee motions do not factor in each side’s

Mediation/Reasonableness Of Fees: Defendants’ Refusal To Mediate Satisfied CAR Contract Mediation Provision/Wife Held Liable For Fees Incurred To LIft Stay In Husband’s Bankruptcy And In Demurring To His Subsequent State Court Cross-Complaint

Cases: Mediation, Cases: Reasonableness of Fees

Frei v. Davey Controlled.      Judge Ikola, in a 3-0 opinion in Aaron v. Faraj, Case No. G046457 (4th Dist., Div. 3 Sept. 6, 2012) (unpublished), dealt with a defendant wife’s claims that she was improperly assessed with attorney’s fees because (1) plaintiff did not satisfy the mediation condition precedent to fee recovery contained in

Deadlines/Fee Clause Interpretation/Prevailing Party/Reasonableness Of Fees: Reciprocal Easements Agreement With Broad Fees Clause Justifies Fully Requested Fee Award Of $82,145.50

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Reasonableness of Fees

  Timeliness, Nonsignatory, Prevailing Party, and Reasonableness Arguments All Rejected on Appeal.      Jones v. Ju, Case No. E053266 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) involved a real property successor owner who knew about a reciprocal easements agreement but forced one of the adjoining owners to get a declaratory relief judgment on its

Section 1717/Reasonableness Of Fees: Neighborhood Squabble Resulting In Injury To Dog Results In $ 93,780 Fee Award Based On Breach Of Prior Settlement Agreement

Cases: Reasonableness of Fees, Cases: Section 1717

  Fourth District, Division 3 Also Holds that a Pet Owner May Recover For Mental Suffering Cause By a Trespass Injuring or Killing Owner’s Animal.       Co-contributors Marc and Mike like this one, because they both have dogs—Marc has Watson and Mike has Riffle.      The Fourth District, Division 3 in Plotnik v. Meihaus, Case

Reasonableness Of Fees: Hard To Fit This One–Client And Attorney Squabble In Divorce Case Results In $400 Net Award To Wife

Cases: Family Law, Cases: Reasonableness of Fees

  Law Firm’s Appeal Lacked Merit on Procedural and Merit Grounds–”Get Outta Here”.      You know, this case does not really fit well within our categories, and co-contributor Marc is a stickler for trying to put our posts into categories. However, a very entertaining decision has come down from our local Santa Ana appellate court,

Reasonableness Of Fees/Social Security: Magistrate Judge’s Use Of An Informal, De Facto Cap For Awarding Fees In “Routine” Social Security Benefits Case Reversed

Cases: Reasonableness of Fees, Cases: Social Security

  Routine Is in the Eye of the Beholder–The Third Reduction Was Not Viewed Kindly By Ninth Circuit; “Judicial Intuit Gestalt” Reigned Supreme.      Costa v. Commissioner of Social Security Administration, Case No. 11-35245 (9th Cir. Aug. 24, 2012) (published) (per curiam) reinforces a theme we see at both the federal and state court levels

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