Cases: Reasonableness of Fees

Reasonableness Of Fees: Second Dist. Div. 8 Affirms $493K Fee Award And 1.8 Multiplier In FEHA Case

Cases: Employment, Cases: Multipliers, Cases: Reasonableness of Fees

Attorney Fees Are Rather Discretionary, And The Trial Judge Is Usually In The Best Position To Exercise That Discretion.         Pamela Pollock alleged her supervisor, Michael Kelso, sexually harassed her and discriminated against her based on race by denying her a promotion. The trial court initially ruled the lawsuit was time-barred, but the California Supreme […]

Allocation, Employment, Reasonableness Of Fees, Section 998: Costs-Shifting Under CCP § 998 Displaced By More Specific Labor Code Provisions Relating To Costs For Or Against A Prevailing Employee

Cases: Allocation, Cases: Employment, Cases: Reasonableness of Fees, Cases: Section 998

However, In Unpublished Part Of Decision, Appellate Court Affirmed A Small Fee Award Where Counsel Failed To Follow Lower Court’s Supplemental Briefing/Proof Instructions.                Chavez v. California Collision, LLC, Case No. A167658 (1st Dist., Div. 3 Dec. 10, 2024) (partially published; fee discussion unpublished) is part of a continuing trend for appellate courts to honor

Default Judgment, Reasonableness Of Fees, Requests For Admission: Lower Court Properly Rejected Default Judgment Request Of About $308,000 In Fees Where Compensatory Damages Were Around $48,000

Cases: Default Judgments, Cases: Reasonableness of Fees, Cases: Requests for Admission

Fee Award Of $4,498.46 Was Proper, Given Inflated Fee Request; Costs Of Proof Sanctions Of $11,852.50 Out Of A Requested $123,016.40 Was Not Improper.                As only Justice Wiley can do in his individual writing style, he reminds us in LCPFV, LLC v. Somatdary Inc., Case No. B325599 (2d Dist., Div. 8 Nov. 13, 2024)

Deadlines, Reasonableness Of Fees: Make Sure You File/Serve Fee Oppositions Correctly And On Time

Cases: Deadlines, Cases: Reasonableness of Fees

Also, Admissions In Appellate Brief Extension Requests Can Undermine A Claim That Fees Were Unreasonable Based On Non-complexity.                Currency Corp. v. Wertheim, LLC, Case No. B326827 (2d Dist., Div. 1 Nov. 5, 2024) (unpublished), where a substantial appellate fee award of $338,535 was sustained on appeal in favor of prevailing respondents, has some lessons

Block Billing, Multipliers, Reasonableness Of Fees: Plaintiff’s Counsel’s Inflated Fee Request In A Non-complex FEHA Case Where Block Billing And Failure To Explain Proliferation In Fees For A Six Month Period Through Trial Justified A Drastic Reduct

Cases: Block Billing, Cases: Multipliers, Cases: Reasonableness of Fees

Fee Request Was About $1.75 Million In A Case Where $36,757.25 In Damages Was Awarded, With A Lower Court Awarding Only $135,102.                Inflated fee requests are often reduced substantially and sometimes denied altogether.  In the next case, block billing, failure to explain a huge jump in the fee request for a six-month period, use

Reasonableness Of Fees: $1,050,000 Fee Award Affirmed In Penal Code Section 496(c) Case Where $1.5 Million Awarded Against Certain Defendants And $900,000 Against One Defendant

Cases: Reasonableness of Fees

Hourly Rates Are Left To Trial Judge’s Experience, With Reliance On Surveys And Matrices Left In His/Her Discretion.                In CJ Freshway America Corp. v. Lim, Case Nos. B321415/B322905 (2d Dist., Div. 8 Oct. 14, 2024) (unpublished), certain defendants were found jointly and severally liable for over $1.5 million and another defendant was found liable

Landlord/Tenant, Mediation, Reasonableness Of Fees, Section 1717: Most Of $363,696.70 Contractual Fee Award Affirmed In Landlord/Tenant Dispute

Cases: Landlord/Tenant, Cases: Mediation, Cases: Reasonableness of Fees, Cases: Section 1717

However, N.Y. Attorneys’ Time After California Counsel Retained Must Be Stricken Because He Was Not Licensed In California.                In Thaunhaeuser v. TKH Zum, LLC, Case No. B321283 (2d Dist., Div. 8 Oct. 11, 2024) (unpublished), the lower court entered a $114,000 compensatory judgment against landlord and in favor of tenant under a property condition/security

Celebrities, Reasonableness Of Fees, Section 998: The Offspring’s Former Drummer Lost A Contractual Interpretation Dispute, With $856,818 In Contractual Fees Affirmed On Appeal

Cases: Celebrities, Cases: Reasonableness of Fees, Cases: Section 998

Defense Section 998 Offers Found Not To Be Uncertain.                Ron Welty, former drummer of the band The Offspring, sued the band and other affiliated defendants on a contractual interpretation over royalties, with there being a contractual fees clause at issue.  He asked for $2.9 million in damages, but he recovered nothing.  The defendants then

Employment, Reasonableness Of Fees, Section 998: FEHA Plaintiff Finally Winning $1.25 Million In a Third Jury Trial, After An Earlier Appellate Reversal On The First Trial And A New Trial On The Second Trial, Was Properly Awarded $3,264,906 In Fees

Cases: Employment, Cases: Reasonableness of Fees, Cases: Section 998

Both Sides Appealed, But Their Challenges Were Unsuccessful.                Simers v. Los Angeles Times Communications LLC, Case No. B323715 (2d Dist., Div. 8 Aug. 30, 2024) (published) involved a long-standing dispute between plaintiff T.J. Simers, a controversial columnist, and defendant L.A. Times involving constructive termination, age discrimination, and disability discrimination claims under FEHA.  Needless to

Reasonableness Of Fees: Plaintiff Home Designer Winning $64,000 In Compensatory Damages And Defeating Owner’s Unlicensed Contractor Defense/Cross-Claims Was Properly Awarded Prevailing Party Fees Of $1,568,501

Cases: Reasonableness of Fees

Owner Over-litigated The Case, With Fee Awards Not Having To Be Proportionate To A Litigant’s Recovery.                Attorney’s fees awards can be substantial, especially where an opposing party over-litigates a case and drives up the prevailing party’s litigation expenses.  That is what happened in Zale Design Studio v. Leevan, Case Nos. B324871 (2d Dist., Div.

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