Cases: Reasonableness of Fees

Reasonableness Of Fees: $113,745 Fee Award Remanded Because It Was Unclear If Trial Court Might Have Allowed A “Double Dip” On Fees Based On Prior Discovery Motion Rulings

Cases: Reasonableness of Fees

$10,200 Potential Difference Necessitated A Remand, Not On Appellate Modification Based On Uncertainty In The Lower Court’s Ruling.             In Fuentes v. Betuel, Case No. B302827 (2d Dist., Div. 3 May 19, 2023) (unpublished), prevailing defendants moved to recover attorney’s fees of $128,860, with the lower court making some reductions—including adjustments to prevent a “double […]

Arbitration, Prevailing Party, Reasonableness Of Fees: Client Who Reversed Post-MFAA De Novo Trial Results And Who Confirmed The Prior Arbitration Award Was The Prevailing Party

Cases: Arbitration, Cases: Prevailing Party, Cases: Reasonableness of Fees

Because Client Had To Hire Appellate Attorneys Reversing The De Novo Trial Results, Client Was Awarded $334,458.11 In Fees/Costs—Affirmed By The Appellate Court.             Soni v. Cartograph, Inc., Case No. B316270 (2d Dist., Div. 5 Mar. 23, 2023) (unpublished) is quite a megillah of an arbitration/litigation odyssey about a client-attorney dispute over fees.  Looks like

Lodestar, Multipliers, Reasonableness Of Fees: Plaintiff Properly Awarded $30,450 In Attorney’s Fees Rather Than The “Ask” Of $98,770

Cases: Lodestar, Cases: Multipliers, Cases: Reasonableness of Fees

Fee Request Reduced On Hourly Rate Ask And Work On An Unfiled Summary Judgment Motion, With Plaintiff’s Multiplier Request Being Denied.             Plaintiff accepted a defense CCP § 998 offer waiving a car purchase deficiency and paying her $2,001, with the lower court allowed to determine an award of attorney’s fees and costs to plaintiff

Reasonableness Of Fees: When Trial Judge Gives You A Supplemental Chance To Explain Fees And Allocate Them, Take The Judge Up On It Or Face Reductions Which You Will Not Like

Cases: Reasonableness of Fees

Defendants Requested $191,007.50 In Fees, But Were Only Awarded $74,424.71 Based On Their Failure To Provide The Trial Judge With Adequate Supplemental Information.             Mooney v. Argus Realty Investors, Case No. G060440 (4th Dist., Div. 3 Feb. 2, 2023) (unpublished) is a stark reminder that a fee claimant needs to pay special attention to a

Landlord/Tenant, Reasonableness Of Fees: $358,133.56 In Fees Against Tenant Operating Two Illegal Marijuana Dispensaries Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

Two Law Firms’ Requests Were Largely Sustained By Reviewing Court.             City of Santa Ana v. Yuh, Case No. G060889 (4th Dist., Div. 3 Jan. 24, 2023) (unpublished) was a situation where a tenant lost an abatement action against the City of Santa Ana for operating two illegal marijuana dispensaries.  Two firms representing the City

Fee Clause Interpretation, Homeowner Associations, Reasonableness Of Fees: $132,070.40 Fee Award To Defendant Homeowners Was Affirmed On Appeal As Against Plaintiff Homeowners In Tree Obstruction Dispute

Cases: Fee Clause Interpretation, Cases: Homeowner Associations, Cases: Reasonableness of Fees

Plaintiffs Pled CC&Rs As A Basis For Nuisance Claim, So There Was Fee Entitlement Under Civil Code Section 1717, CCP Section 1021, And Civil Code Section 5975, With The Fee Award Being Reasonable After A Minor Haircut By The Trial Judge.             Plaintiff homeowners sued neighboring homeowners in a tree obstruction action based on nuisance

Reasonableness Of Fees: 45% Reduction In Mainly Appellate Fees Was Affirmed On Appeal

Cases: Reasonableness of Fees

Aggrieved Party, Despite Significant Reduction, Appealed To No Avail.             We understand that no one likes to be hit with a significant fee award.  However, when you get a significant reduction, think carefully about whether you want to appeal.  That was the moral of CDC San Francisco LLC v. Webcor Construction, L.P., Case No. A163751 (1st Dist., Div. 1 Jan.

Lodestar, Reasonableness Of Fees: Fee Award Of $700,000 To HOA In Uncomplicated Homeowner Dispute Was Reversed And Remanded

Cases: Lodestar, Cases: Reasonableness of Fees

Record Was Unclear Whether The Lower Court Utilized The Proper Lodestar Reduction Factors For Over-Conferencing, Duplication, Over-Staffing, And Results Obtained.             Ladera Ranch Maintenance Corp. v. Tinsley, Case No. G060730 (4th Dist., Div. 3 Jan. 9, 2023) (unpublished) is must reading for practitioners and jurists on salient factors that a party opposing a fee request

Prevailing Party, Reasonableness Of Fees, Section 1717: $200,000 Fee Award To Prevailing Defendant Affirmed Because Tort Claims Allowed For Recovery, Post-Dismissal, Under Santisas

Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717

Settlement With Other Parties Did Not Impact Analysis Of Fee Reasonableness As To The Prevailing Defendant.             Carp Property, LLC v. Corona, Case No. B316354 (2d Dist., Div. 6 Nov. 17, 2022) (unpublished) was a situation where plaintiff litigated a matter for two years where there was a contractual fees clause in an operative agreement,

Reasonableness Of Fees: Plaintiffs Denied Contractual Fees Altogether Did Not Adequately Address All Reasons For Denial In Their Appellants’ Opening Brief

Cases: Reasonableness of Fees

Responding To Some More Of The Defense Arguments In The Reply Brief Was Too Late.             In GI Excellence, Inc. v. Padda, Case No. E076843 (4th Dist., Div. 2 Nov. 7, 2022) (unpublished), plaintiffs won around $65,000 in compensatory damages and then moved to recover $755,300 in contractual attorney’s fees.  The lower court denied the

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