Cases: Reasonableness of Fees

Fee Clause Interpretation, Reasonableness Of Fees: Attorney Awarded Prior Frivolous Appeal Sanctions Denied “Second Bite” Request For Civil Code § 1717 Additional Fees Based On Prior Representations Made To Court Of Appeal On Reasonableness Of Work

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Also, Fee Clause With “Incurred” Language Means That Fees Did Need To Be Incurred.             The result in Korff v. Goodrich, Case No. A160917 (1st Dist., Div. 2 Oct. 27, 2021) (unpublished) shows the wisdom in the saying “pigs get fat, hogs get slaughtered,” coined by Rubbery Figures, a satirical rubber puppet series screened in […]

Employment, Multipliers, Reasonableness of Fees: No Abuse Of Discretion In Trial Court’s Award Of Attorney Fees To Prevailing Plaintiffs In DJOA Action

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

Amount Of Fee Award Was Justified Given Trial Court’s Analysis Of The Complexity Of The Case, Results Achieved By Plaintiffs, And Plaintiffs’ Showing To Support The Fee Request.             The Displaced Janitors Opportunity Act (Lab. Code, §§ 1060–1065) “requires contractors who are awarded contracts for janitorial or building maintenance services at a particular site to

Reasonableness Of Fees: $178,190.50 Fee Award To Residential Tenant Under Contractual Lease Clause Affirmed On Appeal

Cases: Reasonableness of Fees

Trial Court’s Award Was No Abuse Of Discretion.             In Javaheripour v. Sigal, Case No. B304911 (2d Dist., Div. 4 Sept. 22, 2021) (unpublished), residential tenant won an inhabitability case against landlord, winning an unlawful detainer trial and then moving for lots of fees.  And tenant got a lot of them–$178,190.50 to be exact.  That

Appealability, Probate, Reasonableness Of Fees: Trustee’s Failure to Appeal Prior Separately Appealable Order On Fees Was Dispositive On Most Issues

Cases: Appealability, Cases: Probate, Cases: Reasonableness of Fees

As Far As Amount Of Fees, Failure To Include A Reporter’s Transcript Was Equally Damning.             In Padlan v. Graves, Case No. A159576 (1st Dist., Div. 3 Sept. 17, 2021) (unpublished), a trustee was ordered to pay certain attorney’s fees to a beneficiary based on reneging on a mediation settlement agreement.  That order was made

Civil Rights, Lodestar, Reasonableness Of Fees: $1,113,750 In FEHA Attorney’s Fees In Racial Discrimination/Retaliation Case Garnering $450,001 Compensatory Award To Successful Plaintiff Was No Abuse Of Discretion

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

Hourly Rate, Lodestar, And Multiplier Conclusions Were Not Beyond Reason.             Plaintiff in Sterling v. County of Sacramento, Case No. C089616 (3d Dist. Sept. 7, 2021) (unpublished) won $450,001 in compensatory damages under FEHA racial discrimination/retaliation claims.  Plaintiff then moved for over $1.515 million in fees (lodestar plus a positive 2 multiplier enhancement).  The lower

Reasonableness Of Fees: Defendant Winning Retaliatory Eviction Action Correctly Awarded Only $2,671.50 Out Of A Requested $26, 715 In Attorney’s Fees

Cases: Reasonableness of Fees

10% Was Reasonable Based On The Defense Not Ending The Dispute Through A Demurrer And Based On Plaintiff’s Indigency.             Wiles v. McClure, Case No. A161165 (1st Dist., Div. 3 Aug. 27, 2021) (unpublished) shows how a trial judge can consider numerous circumstances when determining the reasonableness of a requested fee award.             The defense

Reasonableness Of Fees: $943,250 Fee Award To Title Company Under Contractual Fees Clause Was Not Excessive

Cases: Reasonableness of Fees

Title Company Requested $1,851,575 Lodestar Request, Substantially Reduced By The Lower Court—Ultimate Award Was No Abuse Of Discretion.             In Meridian Financial Services, Inc. v. Phan, Case Nos. D078586/D078589 (4th Dist., Div. 1 Aug. 10, 2021) (published), Chicago Title won a summary judgment in a dispute where there was a prevailing party fees clause in

Employment, Reasonableness Of Fees, Substantiation Of Reasonableness Of Fees: Third Circuit Court Of Appeals Affirms Denial Of Fees Where Wage/Hour Plaintiffs Had Limited Success And Fee Petition Was Not Properly Documented

Cases: Employment, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Plaintiffs Only Recovered $6,601 Out Of Requested $180,000 In Damages And Attorneys Sought $118,569 In Fees.             In Wang v. Chapei, LLC, Case No. 20-2975 (3d Cir. June 10, 2021) (nonprecendential), two wage/hour plaintiffs had their federal claim dismissed, were unsuccessful on class certification tries, and won about $6,601 out

Consumer Statutes, Multiplier, Reasonableness Of Fees: Trial Court Did Not Abuse Its Discretion In Awarding $20,000 Fee Award Out Of Requested $40,113.75 Base Lodestar

Cases: Consumer Statutes, Cases: Multipliers, Cases: Reasonableness of Fees

The Problem Was That The Case Was Routine Such That Hours Billed For “Cut And Paste” Activities Were Excessive, With A 25% Positive Multiplier Properly Denied.             In Fishback v. FCA US, LLC, Case No. B298677 (2d Dist., Div. 3 May 14, 2021) (unpublished), a lemon law plaintiff was awarded a lesser sum of attorney’s

Reasonableness Of Fees: Reduction Of Requested Contractual Fees Award By Over $250,000 For Excessive Collaboration And Block Billing Was No Abuse Of Discretion

Cases: Reasonableness of Fees

Defendants’ Final Award Was $410,115.50.             In Barto/Signal Petroleum, Inc. v. Boneyard, LLC, Case No. B299794 (2d Dist., Div. 8 Apr. 29, 2021) (unpublished), defendants prevailed and sought attorney’s fee under a contractual fees clause in a settlement agreement.   They were awarded $410,115.50 in fees, a reduction of over $250,000.  That result was affirmed on

Scroll to Top