Cases: Reasonableness of Fees

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

Reasonableness Of Fees: Fifth District Gives Us Some Insights Into Their Thinking On the Subject

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

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

Finding that Plaintiff’s Actions and Omissions Were "Exceptional" in Patent Lawsuit, USDC Judge Gary Feess Awards Substantial Fees to Defendant

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

  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

Civil Code Section 1717: Mutuality Of Remedy Means Winner Gets Fees Even If Winner Proves There Was No Valid Contract

Cases: Reasonableness of Fees, Cases: Section 1717

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

Reasonableness Of Fees: If You Are Gonna Challenge, Make Sure You Specify The Bases With Particularity, Whether Substantive Or As To Amount

Cases: Allocation, Cases: Reasonableness of Fees

  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,

Homeowner Associations: Ouch!—Condo Owner Stung With $238,000 Fees/Costs Award After Losing Contentious Battle Over Using Disputed Floor Tile In Unit

Cases: Homeowner Associations, Cases: Reasonableness of Fees

  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

Probate: Probate Courts Can Award Fees Against Losing Beneficiaries’ Future Trust Distributions When Their Actions Found To Be In Bad Faith

Cases: Costs, Cases: Probate, Cases: Reasonableness of Fees

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

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