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
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
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 In Urquhart v. Del Mar Country Club, Case No. D052711 (4th Dist., Div. 1 Sept. 28, 2009) (unpublished), a
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
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
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
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
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
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
