Cases: Reasonableness of Fees

LABOR CODE VIOLATIONS MAY MEAN FEE AWARD IS MANDATORY—BUT AMOUNT OF FEES ARE DISCRETIONARY AND MAY RESULT IN A DISAPPOINTINGLY SMALL AWARD

Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Second District Finds that Plaintiff Individually Settling for $10,500—Even Though His Claim Was Only For $44.63—Entitled to Garner a $500 Fee Award.         There are many sections of the California Labor Code that have mandatory fee award authority. As examples, Labor Code section 1194(a) provides that employees paid less than their legal overtime […]

THE BUSSEY DEBATE IS NO LONGER DEBATABLE—EXPERT WITNESS FEES AND OVERHEAD COSTS CANNOT BE RECOVERED AS “ATTORNEY’S FEES”

Cases: Reasonableness of Fees

Bussey Court Abrogates Its Own Decision in Line With Criticisms Of Sister Appellate Courts             As alluded to in our June 4 post discussing the recent Richlin Security decision, there was a prior rift in opinion among the California appellate courts over whether expenses such as expert witness fees, investigator fees, long distance

In PRO PER APPELLANT LOSES CHALLENGES TO APPELLATE ATTORNEY FEE AWARD FOR BRINGING A FRIVOLOUS APPEAL OF AN ANTI-SLAPP ORDER

Cases: Billing Record Substantiation, Cases: Homeowner Associations, Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 3 Sanctions Losing In Pro Per Plaintiff By Affirming $40,000 Attorney’s Fees Award.             Previously, an in pro per litigant filed an anti-SLAPP motion to strike a fraudulent transfer complaint by an opponent.  (See Code Civ. Proc., §425.16 [anti-SLAPP statute].)  In pro per lost the motion, and the trial

UNSUPPORTED CHALLENGE OF “EXCESSIVENESS” OR “DUPLICATIVE WORK” BY APPELLANT CHALLENGING FEE AWARDS REJECTED BY COURT OF APPEAL

Cases: Billing Record Substantiation, Cases: Experts, Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Special Fee Shifting Statutes

Second District Affirms Award of Anti-SLAPP Fees to Defendant Where Fee Attacks Were Not Supported by Competent Evidence.                          When opposing a fee motion, a litigant should support challenges with competent evidence.  Such evidence can take the form of an expert witness or a particularized challenge to

SANTA ANA COURT OF APPEAL AFFIRMS AWARD OF $141,000 TO DEFENDANT TRYING TO WARD OFF A $47,000 CLAIM

Cases: Reasonableness of Fees

Fourth District, Division 3 Finds Defendant Did Prevail and Award of Fees Eclipsing Damage Exposure By Three Was Not Out of Line.             Imagine this one. Plaintiff sues defendant for $47,000 when defendant failed to purchase software and maintenance from plaintiff.  Defendant brought a cross-claim for fraud, which it conceded was essentially

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