Cases: Reasonableness of Fees

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 […]

SLAPP/Reasonableness Of Fees/Substantiation Of Fees: $49,500 Fee Award To SLAPP Victor Affirmed

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

  Both Sides Appealed, Both Sides Did Not Gain Anything Upon Review.      In County of San Bernardino v. San Bernardino County Public Attorneys Assn., Case Mp/ E051576 (4th Dist., Div. 2 June 26, 2012) (unpublished), County lost a SLAPP motion and was assessed $49,500 through an adverse mandatory fee award (even though the defense

Appealability/Reasonableness Of Fee Double: Failure To Appear At OSC Waived Appellate Challenge To Fees And Trial Court Did Provide Reasonable Explanation For Fee Award

Cases: Appealability, Cases: Reasonableness of Fees

  Marriage of Howard, Case No. H036510 (6th Dist. June 6, 2012) (Unpublished).      In this one, ex-husband waived any challenge to a $16,162 fee award because he failed to appear at an OSC and oppose the request. This was found to be a forfeiture based on his failure to object to the an error

Private Attorney General/Reasonableness Of Fees: $382,189.73 Fee Award To CEQA Winners, Including Attorney Who Represented Herself, Was Proper Under CCP § 1021.5 Because Trope Prohibition Did Not Apply

Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

  $300/Hour Is Reasonable Rate for Sonoma Practitioners.      Healdsburg Citizens For Sustainable Solutions v. City of Healdsburg, Case No. A130374 (1st Dist., Div. 4 June 4, 2012) (certified for partial publication; 1021.5 Trope fee discussion published and rest unpublished) involved the City’s appeal of $382,189.73 in fees awarded to CEQA winners, including an attorney

Reasonableness Of Fees/Section 1717: Fees Spent On Extraneous Matters Not Entitled To Compensation Where Separate Entities And Separate Case Involved

Cases: Reasonableness of Fees, Cases: Section 1717

  Case Is One Involving Fee Recovery By Public Agency.      Okay, so a public agency did prevail and recover fees in a dispute in Wilshire Ventures Corp. v. City of San Fernando Redevelopment Agency, Case Nos. B230916/B232924 (2d Dist., Div. 1 May 9, 2012) (unpublished). Public agency was entitled to fees under a written

Reasonableness Of Fees: Mandatory Labor Code Fees Awarded To Plaintiff Winning Improper Wage Deduction Of $36,000

Cases: Reasonableness of Fees

  Plaintiff’s Fee Recovery of $291,155 Affirmed, Although 1.5 Requested Multiplier Denied.      Here is one that again shows how small damages can justify fee awards of an exponential nature, in this case over eight times the successful compensatory recovery.      Sciborski v. Pacific Bell Directory, Case No. D056440 (4th Dist., Div. 1 May 8,

Allocation/Fee Clause Interpretation/Section 1717/Reasonableness Of Fees: $158,000 Fee Award Is Result To Winning Defendants In Cremation Intermingling Dispute

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717

  No Apportionment of Fee Work Required Where Both Contract and Tort Claims Encompassed Within a Broad Fees Clause.      Above:  Beware the Jabberwock, my son!  Sir John Tenniel, illustrator.       Beware of the broadly worded fee clause, because it likely will give rise to fee entitlement no matter whether contract or tort theories are

Section 1717/Reasonableness Of Fees: Promissory Note With Fees Clause Was “Action On The Contract” In Trust Deed Cancellation, Quiet Title, Declaratory Relief, Injunctive, Fraud And Slander Of Title Action

Cases: Reasonableness of Fees, Cases: Section 1717

  Dismissal for Failure to Prosecute Did Make Defendant the Prevailing Party.      In Halamandaris v. Sephos, Case No. C065819 (3d Dist. Apr 18, 2012) (unpublished), plaintiff’s action for the various claims described in our heading above was dismissed for failure to prosecute. The backdrop for all claims was a promissory note with a fees

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