Cases: Reasonableness of Fees

Consumer Statutes: Plaintiff Was Lucky To Get $20,400 In Lemon Law Fees After Rejecting Defense Settlement Offers

Cases: Consumer Statutes, Cases: Reasonableness of Fees

Fourth District, Division One Reinforces that Consumer Statutes Are Not a Blank Attorney’s Fees Check.      This next one is a lemon law case, arising under the Song-Beverly Consumer Warranty Act with a mandatory fee-shifting provision. However, that fee-shifting statute only allows recovery of reasonable attorney’s fees to the prevailing party (Civ. Code, § 1794(d); […]

Special Fee Shifting Statutes: Losing Plaintiff In Unsuccessful Overtime/Meal Break Superior Court Action Required To Pay Attorney’s Fees Of $28,731.25 To Employer

Cases: Deadlines, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

First District, Division Two Finds Fee Motion Timely and Fee Award Reasonable in Amount.      In Cun v. Café Tiramisu, Case No. A124985 (1st Dist., Div. 2 July 7, 2010) (unpublished), plaintiff ex-employee lost a superior court FLSA action following a de novo Labor Commissioner hearing in which she claimed to have not been paid

Civil Code Section 1717: $281,058 Fee Award To Prevailing Party Affirmed Even Though Damage Award Only $60,500

Cases: Indemnity, Cases: Reasonableness of Fees, Cases: Section 1717

  Contentiousness of Opponent Was One Factor Justifying the Hefty Award.      Defendant in a contract dispute with plaintiff won $60,500 in damages, beating a Code of Civil Procedure section 998 pretrial offer of $62,001 (after preoffer costs were added in) made by plaintiff. Then, due to a contractual fees clause in the operative agreement,

Private Attorney General Statute: Center For Biological Diversity Decision Now Certified For Publication In Entirety.

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

     In our May 28, 2010 post, we reported on the decision of Center For Biological Diversity v. County of San Bernardino, a decision that was partially published but was not certified for publication on the discussion of a fee award under California’s private attorney general statute. We can now report that the entire decision

Civil Rights: $137,502.46 Supplemental Fee Award Affirmed In Favor OF Monthly Prison Magazine Publisher

Cases: Civil Rights, Cases: Reasonableness of Fees

Ninth Circuit Disagrees with Seventh Circuit Over Fee Recovery for Compliance Activities and Also Reject That Laffey Matrix Had to Be Used in Determining Reasonable Hourly Rates.      Prison Legal News v. Schwarzenegger, Case No. 09-15006 (9th Cir. June 9, 2010) (for publication) is an interesting Ninth Circuit decision regarding what fees are awardable under

Private Attorney General Statute: CEQA Winner Entitled To Substantial Fee Recovery As Well As Fees For Prevailing On Appeal

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

  Fourth District, Division 1 Affirms $265,715.55 Fee Award Under CCP Section 1021.5.      In Center For Biological Diversity v. County of San Bernardino, Case Nos. D056652/D056648 (4th Dist., Div. 1 May 25, 2010) (certified for partial publication; fee discussion not published), two nonprofit organizations successfully challenged the County of San Bernardino’s approval of an

Probate: Court Of Appeal Reverses $5.2 Million Fee Awards To Former Trustee And His Attorneys in Beneficiary Self-Dealing/Conflict Litigation

Cases: Probate, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 3 Finds That Fee Recordkeeping and Trust Litigation Expenses Must Be Scrutinzed Closely to Determine if Fees Were Reasonable and Appropriate From a Trust Benefitting Perspective.      Donahue v. Donahue, Case Nos. G040628/G041503 (4th Dist., Div. 3 Feb. 24, 2010) (certified for publication), is sure to be a widely cited opinion when

California Disabled Persons Act: State Appellate Decision Finds That ADA Does Not Preempt, So Prevailing Defendant Entitled To Fee Award Without Showing Action Was Frivolous, Unreasonable, Or Groundless

Cases: Civil Rights, Cases: Preemption, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

First District, Division 4 Disagrees with Ninth Circuit’s Hubbard Decisions.      In our July 3, 2008 and January 12, 2009 posts, we discussed the Ninth Circuit’s Hubbard decisions (Hubbard v. SoBreck, LLC, 531 F.2d 983 (9th Cir. 2008) and Hubbard v. SoBreck, LLC, 554 F.3d 742 (9th Cir. 2009)), which held that a mandatory award

Reasonableness Of Fees: Winning HOA Unit Owners Obtain $238,426 In Attorney’s Fees, But Fail At Obtaining $62,056 More

Cases: Homeowner Associations, Cases: Reasonableness of Fees

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

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