Court of Appeal Likes Reasoned Deductions Made by Trial Court. This next case might be put in the category “quit while you are ahead” as far as challenging the reasonableness of an attorney’s fees award, especially when you are asking for an increase to an already substantial award. Defendant unit owners in an […]
Except for Complaint in Intervention Fees, Court of Appeal Sustains $1,764,222.50 Fee Award. For those of you practicing in California’s Central Valley (or, for that matter, attorneys wanting some more insight into how judges gauge the reasonableness of fees), stay tuned for the next one. The Fifth District, in Ennis Commercial Properties, LLC
Feess on Fees: Award Equals $779,100.34 in Fees, $11,769.20 in Expenses, and $28,776.49 in Other Costs. We learned from an unpublished order in the next case that according to a recent American Intellectual Property Lawyers Association survey, “the average patent infringement suit with between $1 million and $25 million at stake costs $1.794
Appellate Court Does Remand to Consider “Fees on Fees” Request. The next case is an interesting one with respect to using fee experts when moving for fee recovery. Where the expert has published a treatise, the Court of Appeal may use that treatise against the fee claimant’s position. That happened in the next decision
Recent Case Illustrates Operation of this Mutuality Principle. In Silva v. Tong, Case No. A124903 (1st Dist., Div. 4 Dec. 11, 2009) (unpublished), plaintiff sought to enforce a purchase offer with an attorney’s fees clause as an enforceable contract even though it was never signed by defendants. Defendants were granted summary judgment, and then
Third District Rebuffs Generalized Challenges to Fee Award, Finding Many Arguments Waived Based on a Lack of Specificity. Defendant in Allen v. Fulton, Case No. C059088 (3d Dist. Dec. 9, 2009) (unpublished) got hammered with a $217,422 fees/costs award ($212,473 of which consisted of fees) after summary judgment motions and a bench trial,
Fourth District, Division 1 Finds Award Disproportionate At First Glance, But Affirms Based Upon Total Review of the Litigation Below. Homeowner-homeowner association battles can be very, very contentious and expensive for the losing side—as the next homeowner learned, in a dispute over the floor covering in his condominium unit. McGuire v. 235
Fifth District, in Published Decision, Supports Broad Equitable Powers of Probate Courts. Probate contests are often donnybrooks between different beneficiaries or relatives. This next one was certainly that. However, the losing minority beneficiaries caused the trustee to expend lots of attorney’s fees, which were recouped when the probate court ruled they could be obtained
L.A. Counsel Rates Found Reasonable in Complex Imperial County Lawsuit. One should keep in mind that, as an out-of-county attorney litigating in other venues, you should not assume your “native” hourly rates will not be honored in a subsequent fee motion after you have won. The next case solidifies that this may well
Court of Appeal Finds Fee Clause is Broad Enough to Encompass All Three Actions. Under Civil Code section 1717, the key to recovering fees in disputes involving contract and tort claims often devolves to a determination of whether the fee clause is sufficiently broad to encompass matters “arising out of” or “concerning” the
