Cases: Reasonableness of Fees

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

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.,

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