Cases: Reasonableness of Fees

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  Marathon Funding, LLC v. Paramount Pictures, Case No. B240723 (2d Dist., Div. 8 Mar. 4, 2013) (Unpublished).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 Jan. 23, 2013) (unpublished), $750,000 in attorney’s fees (out of a requested $1.2 million) and $33,141.67 in costs were awarded against defendants in a battle involving CC&Rs as well as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Liens For Attorneys Fees: Timothy D. Reubon, Inc. v. One West Bank, Case No. B234958 (2d Dist., Div. 1 Dec. 31, 2012) (unpublished)      In this one, judgment creditor/former attorney obtained a judgment against judgment debtor/former client for past due services.

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

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