Cases: Reasonableness of Fees

SLAPP Fees …. Double Up On Attorney Use And Expect Reduction By Reviewing Courts

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

Second District, Division 8 Remands for Reduction Due to “Doubling Up” And Augmentation For Prior Fees That May Have Avoided Repetitive Work.      Two sets of successful defendant attorneys were awarded, respectively, $100,000 and $50,000 for their efforts in obtaining SLAPP wins for their clients. Each set of attorneys had two counsel involved (with Cumis […]

Class Actions: Plaintiff’s Amicus Curiae Work In Related Action Was Proper Basis For Additional Fee Award

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

Sixth District Also Finds No Abuse In Fee Award In Previous Action Under Private Attorney General Statute.      The next case involves the extent to which successful attorneys in a plaintiff’s class action should be awarded fees for amicus curiae work in another action that dealt with the same issues and eventually led to a

Civil Code Section 1717: Litigants’ Failure To Be Adjudged General Partners, Although Winning A Small Quantum Meruit Award, Justified Non-prevailing Party Conclusion

Cases: Allocation, Cases: Estoppel, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717

Result Was An Adverse Fee/Cost Award of Over $275,000      In Gupta v. Shue, Case No. B198449 (Apr. 30, 2009) (unpublished), both sides engaged in bitter, protracted litigation over whether each received, by assignment, a general partnership interest in a real estate limited partnership—with the limited partnership caught in the middle of the litigation. After

Civil Code Section 1717: Court Of Appeal Affirms Award Of One Half Of Requested Fees Based On Tardiness of Raising Compulsory Cross-claim Waiver Issue

Cases: Reasonableness of Fees, Cases: Section 1717

Rationale Parallels Result by Different Division of Second District in Superior Property of Carson v. Regency Outdoor Advertising.      In our April 17, 2009 post, we examined Superior Property of Carson LLC v. Regency Outdoor Advertising, Inc., a Second District, Division 3 unpublished decision that affirmed a substantial fee award under Civil Code section 1717,

Nearly $900,000 In Attorney’s Fees Affirmed In Billboard Litigation

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717

  Second District, Division 3 Finds Defendant Lessors Prevailed Despite Claim of “Triplicative” Work By Three Law Firms.      The next one is a wild one and illustrates that substantial attorney’s fees will be awarded under Civil Code section 1717 once the court determines which litigants “prevailed” by achieving their main objectives in the germane

Real Estate Litigation: Aggressive Litigation Posture By Opponent Can Gain Civil Code Section 1717 Winner Almost All of Its Attorney’s Fees In Contentious Case.

Cases: Reasonableness of Fees, Cases: Section 1717

Second District, Division 6 Affirms Substantial Fee Award Based on “Tenaciousness” Factor.      For all attorneys winning contentious real estate litigation with a contractual fees clause, you may have a good chance of recouping most of your fees on behalf of clients under Civil Code section 1717, especially where your opponent was aggressive and tenacious

Pre-Suit Notice of Claims: Better Be Civil or Else Reasonable Fees May Be No Fees?

Cases: Reasonableness of Fees, Cases: Standard of Review

  11th Circuit Upholds Denial of Attorney’s Fees Where Attorney Failed to Provide Pre-Litigation Notice of Claim Before Suing Other Attorneys Under FLSA.        Hat Tip  to Benjamin G. Shatz of Manatt, Phelps & Phillips, LLP, for bringing Sahyers v. Prugh, Holliday & Karatinos, L.P. (11th Cir. No. 08-10848, March 3, 2009) (published) to

Anti-SLAPP Fee Awards: They Usually Will Not Be Subject to Reduction Based On Just Generalized Gripes

Cases: Reasonableness of Fees, Cases: SLAPP

First District, Division 4 Rebuffs Challenge to $18,750 Fee Award.      The next case trumpets a familiar refrain that we have seen from many appellate decisions: a contention asking for denial or reduction of fees in any award needs to be supported by specific argumentation and specific evidence. Otherwise, the contention may well be found

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