Cases: Reasonableness of Fees

Discovery Sanctions: $6,000 In Discovery Sanctions Affirmed Against Alter Ego Defendant For Failing To Respond To Written Discovery

Cases: Discovery, Cases: Reasonableness of Fees, Cases: Sanctions

Second District, Division Two Discusses Aggregation Appealability Rule and Litigant’s Discovery Obligations.      The next case we discuss has an interesting discussion of the aggregation appealability rule (sanctions order must exceed $5,000) and a litigant’s discovery obligations (even an alter ego defendant must provide discovery information of which he is aware, even if the defendant […]

“No Wine Before Its Time”: Attorney’s Fees Awarded At San Francisco Counsel Rates For Napa Case Work; Photocopying Of Exhibits Not Used At Trial Can Still Be Awarded As Discretionary Costs

Cases: Costs, Cases: Reasonableness of Fees

First District, Division Two Finds Relevant Geographic Market for Hourly Rate Determination Not Limited to Case Venue and Resolves Split in Decisional Authority on Costs in Favor of Trial Court Discretion.      As the Thanksgiving Holidays have drawn close, our state appellate courts have issued a plethora of interesting opinions in the attorney’s fees/costs arena.

Court of Appeal Reverses 88% “Haircut” In Fee Award to Landlord in ADA Indemnity Dispute With Tenant

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

  Fourth District, Division One Rules That Lower Court May Have Not Used Proper Lodestar Determination Factors in Drastically Cutting Fee Request, Suggesting It Parts Company From Reasoning in The Second District’s EnPalm Decision.      Notwithstanding the breadth of the abuse of discretion standard, the next case illustrates that appellate court will overturn fee awards

Proofread Your Work: Submission of Subpar Written Papers Or Sloppy Work Product Can Lead To A Reduction In Fees

Cases: Civil Rights, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Transylvania Feral Court Slashes Attorney’s Fees Award Drastically For Spoor Work Product.      Although we usually confine our posts to California-oriented cases, settlements, or fee issues, the following fee reduction ruling by a Philadelphia-based federal district judge was too good to pass up and also offers some sobering lessons to practitioners seeking fee awards when

Here Is A Wild One: Prevailing Party Files Cost Memorandum (Not Motion) Seeking Fees, Gets Her Attorney’s Fees Request Cut In Half (But Still Awarded), and Has One of Her Attorneys Try To Enforce His Lien On Appeal (Despite No Trial Court Consideration

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

Second District Affirms Lower Court Determinations in the “Wild One.”               Who says that unpublished decisions lack drama and all of emotions that go with litigation, even in posttrial attorney’s fees proceedings.  Not us, and the next case backs us up on this conclusion.                Lu v. Grewal, Case No B201355 (2d Dist.,

Court of Appeal Affirms Award Of About $57,500 To Trial Attorney Suing Former Client For Successful Trial Efforts

Cases: Reasonableness of Fees

Six-Plus Hours During Trial Not Deemed Unreasonable For Litigation Attorney’s Efforts.             Client retained a trial litigation Attorney less than two months before a trial in which she claimed ownership to an Oakland condominium even though her relatives paid significant mortgage expenses and loan interest costs on the condominium.  Attorney hit the

Fifth District Affirms Most Respects Of A FEHA Attorney Fee Remand Proceeding, But Does Not Award Plaintiffs Payment At The Top Permissible Rate For All Hours Claimed By The Attorneys

Cases: Billing Record Substantiation, Cases: Civil Rights, Cases: Discovery, Cases: Reasonableness of Fees

Court of Appeal Sustains Reductions by Trial Court and Suggests That Fees Expended by the Opposition Has Probative Value in Fee Proceedings.             In Horsford v. Board of Trustees of California State University (Horsford I), 132 Cal.App.4th 359, 402 (2005), the Fifth District Court of Appeal determined a trial court had applied

District Judge Feess Awards Fees Of $1.1 Million To Attorneys Representing Prevailing Individual Defendants In Civil Rights Lawsuit Involving Nullification of Kern County Biosolids Ban Ordinance

Cases: Civil Rights, Cases: Reasonableness of Fees

District Court Will Not Award Requested $2 Million in Fees Sought by Individual Plaintiffs.             In early August 2008, the Ninth Circuit decided that anything more than a 10% fee "haircut" to prevailing civil rights plaintiffs is seldom justifiable unless specific reasons are set forth for more drastic reductions.  See Moreno v.

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