Cases: Reasonableness of Fees

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                In Thompson v. Ito, Case No. G061437 (4th Dist., Div. 3 June 12, 2024) (unpublished), a defendant losing a trust undue influence case and determined to have committed financial elder abuse was hit with an adverse attorney’s fees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                Cubework.com, Inc. v. Solo Trading, Case No. B330959 (2d Dist., Div. 1 June 6, 2024) (unpublished) has some nice tips for what opposing parties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Doskocz v. ALLS Lien Services, Case No. A166299 (1st Dist., Div. 1 May 20, 2024) (partially published; fee discussion unpublished), class counsel prevailed on behalf of plaintiffs in case involving some novel and complex issues

Family Law, Reasonableness Of Fees: Marital Settlement Agreement Did Not Preclude Needs-Based Fees To Ex-Husband, But Remand Required Because Appellate Court Could Not Determine The Basis Of The $10,000 Needs-Based Award To Wife

Cases: Family Law, Cases: Reasonableness of Fees

She Asked For $72,355, With Appellate Court Unsure As To How This Amount Was Reached.             Both ex-husband and ex-wife were unhappy with needs-based awards to each in Konkov v. Doubson, Case No. H050705 (6th Dist. May 14, 2024) (unpublished).  Both appealed, with mixed results but not certain that anything would change on remand.            

Reasonableness Of Fees: $69,930 Was The Fee Award In An Unlawful Detainer Action Where A Summary Judgment Was Granted During COVID Times

Cases: Reasonableness of Fees

Incivility Defense Not Accepted By The Lower Court.                A plaintiff landlord during the COVID pandemic suffered an adverse summary judgment in an unlawful detainer case, fighting all the way—which litigants are entitled to do.  In Lighthouse Brooks, LLC v. Affinity House, Inc., Case No. B323615 (2d Dist., Div. 4 May 9, 2024) (unpublished), the

Reasonableness Of Fees, Special Fee Shifting Statutes: $47,513.67 Fee Award To Hospital and Medical Staff Affirmed On Appeal In Peer Review Proceeding

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

$71,270.50 Request, Reduced, Was Proper, With Appellant’s Technical Arguments Rejected.                In Nowzari v. Torrance Memorial Medical Center, Case No. B321862 et al. (2d Dist., Div. 2 May 2, 2024) (unpublished), a plaintiff physician’s hospital privileges were restricted by a peer review body, triggering physician’s filing of a petition for a writ of the mandate

Eminent Domain, Reasonableness of Fees, Substantiation Of Reasonableness Of Fees: Unreasonable Demands And Lack Of Substantiation Caused A Substantial Fee Request Haircut

Cases: Eminent Domain, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Plaintiff Wanted $1.942 Million; However, Trial Court Properly Awarded Only $360,438.45 In Fees. [U.S. Army induction center, ca. 1942]. Getting haircuts. CA 1942. Library of Congress                This next case illustrates how fee requests need to be reasonable and supported by proper substantiation.  If not, the litigant will get a sizable “haircut,” which is exactly

Reasonableness Of Fees: In IDEA Case, District Court Did Award Fees, Albeit Reduced—Our First Artificial Intelligence Post!

Cases: Reasonableness of Fees

District Judge Disregarded AI Computation On Hourly Rates.             Okay, everyone following our blog, we have our first Artificial Intelligence (AI) case on a fee motion.             In J.G. v. New York City Dept. of Education, No. 23 Civ. 949 (PAE), S.D.N.Y. (Doc. 32, 2/22/2024), the district court was considering a fee request to a

Costs, Reasonableness Of Fees, Unlicensed Contractors: Owners Winning Small Amount In Unlimited Case Against Unlicensed Contractor Were Not Entitled To Attorney’s Fees Or Routine Costs

Cases: Costs, Cases: Reasonableness of Fees, Cases: Unlicensed Contractors

Reason Was That Owners Sought Overly Inflated Fees And Costs, With Fees Not Allowable Because They Did Not Relate To Construction Performance Under B&P § 1029.8.             In a very contentious dispute between residential property owners and carpentry contractors, the trial and appellate courts in Romero v. Brocca, Case No. B316715 (2d Dist., Div. 1

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