Cases: Reasonableness of Fees

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             Mooney v. Argus Realty Investors, Case No. G060440 (4th Dist., Div. 3 Feb. 2, 2023) (unpublished) is a stark reminder that a fee claimant needs to pay special attention to a […]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             City of Santa Ana v. Yuh, Case No. G060889 (4th Dist., Div. 3 Jan. 24, 2023) (unpublished) was a situation where a tenant lost an abatement action against the City of Santa Ana for operating two illegal marijuana dispensaries.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

Civil Rights, Multipliers, Reasonableness Of Fees: Ninth Circuit Confirms Significant Haircut To Serial ADA Plaintiff’s Attorney’s Fees And Costs Award

Cases: Civil Rights, Cases: Multipliers, Cases: Reasonableness of Fees

No Abuse Of Discretion In District’s Reduction Of Fees And Costs Award To $9,851 From The Requested $34,899 Where Work Was Routine And Boilerplate, There Was A Lack Of Opposition, And Much Of The Motion Practice Was Unnecessary.             In Shayler v. 1310 PCH, LLC, Case No. 21-56130 (9th Cir. October 24, 2022) (published), serial

Reasonableness Of Fees: Failure To Provide Adequate Record Led To Affirmance Of $365,455.02 Fee Award To Defendants

Cases: Reasonableness of Fees

Lengthy Litigation Can Lead To Large Fee Awards, Which Require An Adequate Record To Challenge.             The moral from Westpark Village, et al. v. Khanna, Case No. A164667 (1st Dist., Div. 2 Sept. 28, 2022) (unpublished), which involved a contractual fee award of $365,495.02 against defendants after years of litigation, is simple—make sure you have

Landlord/Tenant, Reasonableness Of Fees: $684,000 Fee Award In Favor Of Tenants And Against Landlord Reversed And Remanded

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

Appellate Court Did Not Buy That Trial Court Could Just Adopt Plaintiffs’ Voluntary Reduction Without Addressing Other Objections.             We posted today about a published decision between the parties.  Separately, Sarkany v. West, Case No. A161728 (1st Dist., Div. 2 Aug. 30, 2022) (unpublished) was landlords’ appeal from an adverse $684,000 attorney’s fees award in

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