Cases: Reasonableness of Fees

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             In Fishback v. FCA US, LLC, Case No. B298677 (2d Dist., Div. 3 May 14, 2021) (unpublished), a lemon law plaintiff was awarded a lesser sum of attorney’s […]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             In Barto/Signal Petroleum, Inc. v. Boneyard, LLC, Case No. B299794 (2d Dist., Div. 8 Apr. 29, 2021) (unpublished), defendants prevailed and sought attorney’s fee under a contractual fees clause in a settlement agreement.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

Reasonableness Of Fees, Sanctions: 50% Fee Recovery Award To Prevailing Party Was No Abuse Of Discretion

Cases: Reasonableness of Fees, Cases: Sanctions

Denial Of $16,060 Sanctions Fee Request Was No Error Because It Was An Interim Ruling Not Impacting The Litigant’s Eventual Prevailing Party Status.             In Aquino v. Klein, Case No. B301186 (2d Dist., Div. 3 Apr. 8, 2021) (unpublished), a dispute between friends, who went into business and then had a falling out romantically, resulted

Reasonableness Of Fees: In Liquidated Damages Dispute Won By Defendant, Trial Court’s Award Of $1,778,500 In Fees Under Contract Clause, About $350,000 Less Than The Request, Was No Abuse Of Discretion

Cases: Reasonableness of Fees

Although Some Math Mistakes Were Made By Lower Court, Reduction Was Justified By The Record.             In Micrel, LLC v. Zinn, Case Nos. A157136/A158069 (1st Dist., Div. 1 Apr. 6, 2021) (unpublished), defendant won a battle over whether a nondefamation liquidated provision seeking $1.3 million in damages was reasonable.  The defense then sought $2,128,534.50 in

Prevailing Party, Reasonableness Of Fees: Two Prevailing Party Fee Awards – Totaling $609,180 – To Plaintiff Assignee Attempting To Enforce Prior Judgment Affirmed On Appeal

Cases: Prevailing Party, Cases: Reasonableness of Fees

Original Judgment Creditor Had Satisfied Mediation Requirement In The Parties’ Fees Provision, And Defendants Failed To Raise Their Challenges To Specific Billing Entries Before The Trial Court Despite A Continuance To Allow Them To Do So.             Plaintiff buyer entered into a Purchase Agreement with defendant sellers for the purchase of sellers’ home.  The

Allocation, Employment, Reasonableness Of Fees: Employee’s Limited Success On Some Compensable Wage/Hour Claims Led To Affirmance Of $17,234 Fee Award

Cases: Allocation, Cases: Employment, Cases: Reasonableness of Fees

Employee Had Requested Fees Of $168,749.47 After Garnering Compensatory Award Of $6,958.36.             This case is another example of how non-compensable claim allocation and limited success can lead to a substantial reduction of a fee request even where there is some fee entitlement basis.             In Caballero v. Bill Muncey Industries, Inc., Case No. D076628

Ethics, Interest, Reasonableness Of Fees, Retainer Agreements: Where Fee Agreement Is Compliant/Enforceable Under B&P § 6148, Unconscionability Factor Guides Contractual Fees Charged And Reasonableness Governs Atty. Performance Under Retainer Agreement

Cases: Ethics, Cases: Interest, Cases: Reasonableness of Fees, Cases: Retainer Agreements

Attorney Obtained Substantial Pretrial Attachment, But He Did Not Obtain Substantial Interest On Delinquent Fees Because No Interest Provision Was Present In The Retainer Agreement.             Pech v. Morgan, Case No. B300524 (2d Dist., Div. 3 Mar. 11, 2021) (published) is an instructive decision indicating how enforceable, compliant fee agreements are dealt with in pretrial

Reasonableness Of Fees, Unlicensed Contractor: $90,000 Fee Award To Construction Plaintiffs Obtaining Award Under Unlicensed Contractor Fee-Shifting Provision, Way Downwards From $287,640 Request, Was Warranted Under The Circumstances.

Cases: Reasonableness of Fees, Cases: Unlicensed Contractors

Overlitigation Of Case By Attorney Personally Embroiled In A Suit And Incivility Concerns Justified A Reduction Of A Requested Fee.             Karton v. Ari Design & Construction, Inc., Case No. B298003 (2d Dist., Div. 8 Mar. 9, 2021) (published) is a case rife with so many lessons, we cannot catalogue them all.  However, it certainly

Arbitration, Fee Clause Interpretation, Reasonableness Of Fees, Section 1717: $1,237,501 Million Fee Award For Arbitration, Creditors Action, And Related Proceedings Affirmed On Appeal

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717

Broad Fee Clauses Were The Bases For The Affirmed Award.             In Currency Corp. v. Wertheim, LLC, Case No. B276506 (2d Dist., Div. 1 Mar. 2, 2021) (unpublished), Wertheim initiated legal proceedings spanning 15 years, culminating in an arbitration in which it achieved nothing (according to the DCA panel) because part of the award was

Deadlines, Employment, Reasonableness Of Fees: $84,107.50 Fee Award, With Stipulated-To Small Reduction, Affirmed On Appeal In Wage/Hour Win After Two-Day Bench Trial

Cases: Deadlines, Cases: Employment, Cases: Reasonableness of Fees

Small Claims Work Excluded, So The Ultimate Modified Award Was $83,555; Compensatory Award Was $30,929.94 Plus Interest.             In Ojeda v. Azulay, Case No. B302440 (2d Dist., Div. 3 Feb. 10, 2021) (unpublished), plaintiff employee prevailed against defendant employers on three of eight Labor Code claims after a two-day bench trial, and was awarded $30,929.94

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