Cases: Reasonableness of Fees

Reasonableness Of Fees And Costs: Recent Decision Is A Landmine For Review Of Mathematical Basis of Fees and For Obtaining Reversal Of Fee Award

Cases: Reasonableness of Fees

  Sixth District’s 71-Page Decision Explores a Plethora of Issues.      We hardly know where to begin on the next one, a scholarly 71-page slip opinion from the Sixth District in Gorman v. Tassajara Development Corp., Case No. H031196 (6th Dist. Oct. 6, 2009) (certified for publication). However, we will give the highlights, because it […]

Broad Fees Clause And Failure To Challenge Excessiveness Of Fee To Winner Spells Trouble For Losing Country Club Members

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

  Fourth District, Division 1 Affirms $779,955.97 Postjudgment Fees/Costs Award.      The next case covers several cross-over issues: fees clause interpretation; apportionment between covered and noncovered claims; and reasonableness of fees.      Here we go.      In Urquhart v. Del Mar Country Club, Case No. D052711 (4th Dist., Div. 1 Sept. 28, 2009) (unpublished), a

Correction On Past Post: October 9, 2008 Post On Lu v. Grewal Has An Error

Cases: Liens for Attorney Fees, Cases: Reasonableness of Fees

Department of Corrections.           We do not claim to be infallible, and thank a reader who recently drew our attention to our October 9, 2008 post on Lu v. Grewal. In our synopsis, we erroneously said “Plaintiff was unhappy, appealed, and lost,” whereas it should have said “Defendants were unhappy, appealed, and lost.” We do

COPYRIGHT: Ninth Circuit Affirms $338,493.97 In Attorney’s Fees Awarded To Copyright Plaintiff Obtaining But $34,875.97 In Compensatory Damages

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

Dissenting Circuit Judge Intimates No Fees Were Deserved Based on Scathing Comments of District Judge.      Just to show you how attorney’s fees make the world go round and affirm our Mission Statement that they are often a controversial (and determinative) factor in commercial litigation, we have decided to do a quick synopsis of an

Civil Code Section 1717: Court Of Appeal Sustains $15,000 Fee Award For $37,000 Rental Delinquency Case

Cases: Reasonableness of Fees, Cases: Section 1717

Fourth District, Division 2 Rebuffs Request for Over $40,000 in Fees.      Plaintiff landlord sued and ultimately recovered $37,420 in delinquent rent (plus $10,295.96 in interest) from former tenants who had abandoned commercial premises being rented in the past. Landlord won a prior judicial arbitration, being awarded $13,622 in fees and costs. However, when landlord

SLAPP: $112,353.75 Fee Award To Cross-Defendant Affirmed Where Claims Of Overstaffing Not Properly Demonstrated

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

Fourth District, Division 3 Finds No Abuse of Discretion.      In Raining Data Corp. v. Barrenechea, Case No. G040902 (4th Dist., Div. 3 June 26, 2009) (unpublished), plaintiff lost a SLAPP motion against a cross-defendant arising from a trade secret misappropriation dispute, with the trial court awarding $112, 353.75 to cross-defendant under Code of Civil

Family Law: Court Of Appeal Affirms $26,504.85 Fees/Costs Award In Domestic Violence Restraining Order Dispute

Cases: Family Law, Cases: Reasonableness of Fees, Cases: Standard of Review

Fees/Costs Were Justified Under Family Code Section 6344(a).      Under Family Code section 6344(a), a trial court may award attorney’s fees and costs to a prevailing party in a proceeding concerning a domestic violence restraining order after notice and a hearing on the issue. This provision was squarely at issue in the next case we

Arbitration Fee Award: Plaintiff Winning $4.1 Billion “Prove-Up” Arbitration Award Obtains $633,450 In Attorney’s Fees

Cases: Arbitration, Cases: Reasonableness of Fees, Off Topics

Arbitrator Enhances Plaintiff’s Lodestar by 3.0 Multiplier.      We give thanks to Cal Biz Lit, who in his June 16, 2009 post described a “prove-up” arbitration award of $4.1 billion stemming from a very unusual lost commission dispute. He notes that the award was confirmed as a judgment by the Los Angeles County Superior Court

Lemon Law: Appellate Court Affirms $344,600 Fee Award, Adds Another $57,587 For Discovery Referee Fees, And Remands For More Postjudgment Fees

Cases: Consumer Statutes, Cases: Discovery, Cases: Reasonableness of Fees

Fourth District, Division 3 Affirms and Augments Fee Awards, After Also Determining that Defense Tactics Required Terminating Sanctions For Bad Faith Discovery Abuses.      Here is another wild one, dictated by the unusual set of facts at play. It is also a modern day parable reminding all litigators that they need to avoid “hiding the

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