Cases: Reasonableness of Fees

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 v. Barrenechea, Case No. G040902 (4th Dist., Div. 3 June 26, 2009) (unpublished), plaintiff lost a SLAPP motion against a cross-defendant arising from a trade secret misappropriation dispute, with the trial court awarding $112, 353.75 to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

Private Attorney General Statute: Trial Court Properly Awarded Plaintiffs $336,350 In Fees Rather Than Requested $1.49 Million (And Correctly Denied 2.0 Multiplier)

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

First District, Division 5 Determines Trial Court Properly Applied Serrano III Factors.      Even under fee-shifting, public interest statutes, our California Supreme Court in Serrano v. Priest, 20 Cal.3d 255, 49 (1977) (Serrano III) mandated that multiple factors be used to increase or decrease a lodestar figure requested by victorious litigants. In the next case

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

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