Cases: Reasonableness of Fees

Landlord/Tenant, Mediation, Reasonableness Of Fees, Section 1717: Most Of $363,696.70 Contractual Fee Award Affirmed In Landlord/Tenant Dispute

Cases: Landlord/Tenant, Cases: Mediation, Cases: Reasonableness of Fees, Cases: Section 1717

However, N.Y. Attorneys’ Time After California Counsel Retained Must Be Stricken Because He Was Not Licensed In California.                In Thaunhaeuser v. TKH Zum, LLC, Case No. B321283 (2d Dist., Div. 8 Oct. 11, 2024) (unpublished), the lower court entered a $114,000 compensatory judgment against landlord and in favor of tenant under a property condition/security […]

Celebrities, Reasonableness Of Fees, Section 998: The Offspring’s Former Drummer Lost A Contractual Interpretation Dispute, With $856,818 In Contractual Fees Affirmed On Appeal

Cases: Celebrities, Cases: Reasonableness of Fees, Cases: Section 998

Defense Section 998 Offers Found Not To Be Uncertain.                Ron Welty, former drummer of the band The Offspring, sued the band and other affiliated defendants on a contractual interpretation over royalties, with there being a contractual fees clause at issue.  He asked for $2.9 million in damages, but he recovered nothing.  The defendants then

Employment, Reasonableness Of Fees, Section 998: FEHA Plaintiff Finally Winning $1.25 Million In a Third Jury Trial, After An Earlier Appellate Reversal On The First Trial And A New Trial On The Second Trial, Was Properly Awarded $3,264,906 In Fees

Cases: Employment, Cases: Reasonableness of Fees, Cases: Section 998

Both Sides Appealed, But Their Challenges Were Unsuccessful.                Simers v. Los Angeles Times Communications LLC, Case No. B323715 (2d Dist., Div. 8 Aug. 30, 2024) (published) involved a long-standing dispute between plaintiff T.J. Simers, a controversial columnist, and defendant L.A. Times involving constructive termination, age discrimination, and disability discrimination claims under FEHA.  Needless to

Reasonableness Of Fees: Plaintiff Home Designer Winning $64,000 In Compensatory Damages And Defeating Owner’s Unlicensed Contractor Defense/Cross-Claims Was Properly Awarded Prevailing Party Fees Of $1,568,501

Cases: Reasonableness of Fees

Owner Over-litigated The Case, With Fee Awards Not Having To Be Proportionate To A Litigant’s Recovery.                Attorney’s fees awards can be substantial, especially where an opposing party over-litigates a case and drives up the prevailing party’s litigation expenses.  That is what happened in Zale Design Studio v. Leevan, Case Nos. B324871 (2d Dist., Div.

Reasonableness Of Fees, SLAPP, Substantiation Of Reasonableness Of Fees: Successful SLAPPing Defendant Entitled To An Award Of $48,790 In Fees And $1,574.60 In Costs

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

Winning Defendant Did Something Smart:  After SLAPP Motion Granted, Offered To Stipulate To A Much Lower Fees And Costs Award, Rejected By Plaintiff.                When it comes to the reasonableness of a fee award, we have posted on situations where the prevailing party offered to stipulate to a lower fees/costs award and then obtained a

Reasonableness Of Fees: Despite Challengers Prevailing In Private Attorney General Dispute, They Appealed, Arguing The Fee Award Should Be More

Cases: Reasonableness of Fees

No, The Actual, Roughly $105,800 Fee Award Out Of A Requested $330.363.75, Inclusive Of A 1.5 Multiplier, Was Affirmed—No More Awarded.                In a recent post, we blogged on the affirmance of a $105,800 fee award (roughly) to challengers in a private attorney general award, and they got there barely under an abuse of discretion

Eminent Domain, Reasonableness Of Fees: City Losing Summary Judgment Motion In Eminent Domain Proceeding Was Properly Saddled With $246,744.50 In Fees

Cases: Eminent Domain, Cases: Reasonableness of Fees

Summary Judgment Grant Was A Predicate For CCP § 1268.610 Fees, And Lower Court Made Reductions For Duplicative Work.                In City of Ontario v. We Buy Homes Any Condition, LLC, Case No. D083080 (4th Dist., Div. 1 July 19, 2024 filed) (published on July 31, 2024), City lost an eminent domain case at the

Costs, Deadlines, Probate, Reasonableness Of Fees, Special Fee Shifting Statutes: $175,252.50 Fee Award Under Financial Elder Abuse Statute Affirmed On Appeal

Cases: Costs, Cases: Deadlines, Cases: Probate, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Fee Request Reduced Down From $203,865; Two Awarded Routine Costs Components Remanded For A Further Hearing.                In Thompson v. Ito, Case No. G061437 (4th Dist., Div. 3 June 12, 2024) (unpublished), a defendant losing a trust undue influence case and determined to have committed financial elder abuse was hit with an adverse attorney’s fees

Allocation, Indemnity, Reasonableness Of Fees: Defendant/Cross-Complainant Winning $48,511.50 On Certain Intentional Tort Claims And Defeating A Complaint In An Occupancy License Indemnity Dispute Properly Awarded $225,894 In Contractual Attorney Fees

Cases: Allocation, Cases: Indemnity, Cases: Reasonableness of Fees

Opposing Party Did Not Adequately Provide A Litigation History Roadmap, Never Suggested A Reduced Award Amount, And Never Attacked Specific Billing Entries; No Allocation Necessary Because Work Was Inextricably Intertwined.                Cubework.com, Inc. v. Solo Trading, Case No. B330959 (2d Dist., Div. 1 June 6, 2024) (unpublished) has some nice tips for what opposing parties

Class Actions, Multipliers, Private Attorney General, Reasonableness Of Fees: $1.174 Million Award To Class Counsel In Fair Debt Collection Practices Case Affirmed On Appeal

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

Significant Benefit Incurred, If Injunctive Relief Was Considered, And Other Objections Were Not Specific To Justify Any Reduction.                In Doskocz v. ALLS Lien Services, Case No. A166299 (1st Dist., Div. 1 May 20, 2024) (partially published; fee discussion unpublished), class counsel prevailed on behalf of plaintiffs in case involving some novel and complex issues

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