Lower Court Did Not Properly Consider Plaintiff’s Degree of Success in Fixing Fees. Under the Truth in Lending Act, attorney’s fees must be awarded in any successful action to enforce its requirements. (15 U.S.C. § 1640(a)(3); Purtle v. Eldridge Auto Sales, 91 F.3d 797, 802 (6th Cir. 1996).) In the next case, our […]
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 June 6, 2012) (Unpublished).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
$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(1st Dist., Div. 4 June 4, 2012) (certified for partial publication; 1021.5 Trope fee discussion published and rest unpublished) involved the City’s appeal of $382,189.73 in fees awarded to CEQA winners, including an attorney
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 B230916/B232924 (2d Dist., Div. 1 May 9, 2012) (unpublished).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
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,
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
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 Apr 18, 2012) (unpublished), plaintiff’s action for the various claims described in our heading above was dismissed for failure to prosecute.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
Lower Court Could Conclude Consumer’s Requested Fees Were Padded in Making Reduced Award. Plaintiff consumer reached a settlement with Sears, Roebuck for a gift card dispute under the Consumer Legal Remedies Act, preserving the ability to seek reasonable fees and costs from the lower court under the compromise. (CLRA does have a fee-shifting
Scaling Back to One Fifth Meant that a Fee Fixing Remand Was Necessary. Here is a very pragmatically-based decision from our local Fourth District, Division 3 appellate court, dealing with a situation where a lower court fixed fees on the premise that a higher compensatory award was in play when a prior appellate
Costs Taxed for Korean Interpreters and Discovery Referee Expenses. Plaintiff, an ex-employee, did win compensatory and some punitive damages from his former employer, doing so through a complaint that included a lost wage claim. Winner then requested $260,817.60 in attorney’s fees under Labor Code section 218.5, a pro-plaintiff lost wage fee-shifting statute, and
