Cases: Reasonableness of Fees

Lodestar, Private Attorney General, Reasonableness Of Fees: FEHA Fee Recovery To Plaintiff’s Attorney Affirmed As Far As Reductions But Remand Issued To Determine Reasonable Hourly Rate Based On Out-Of-Town Rates

Cases: Lodestar, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

Plaintiff’s FEHA Request Was Reduced Drastically, But The Award Likely Will Go Up Some When Out-Of-Town Rates Are Considered—Although The $700,000 Award Was Substantial.             When you are doing appellate work on abuse of discretion issues, the primary issue may be whether the lower court used the correct legal principles as far as reaching its […]

Fees, Civil Rights, Employment: USDC Central District Judge Awards Full Freight Fee Award In Waiting-Time Penalties Case

Cases: Civil Rights, Cases: Employment, Cases: Reasonableness of Fees, Cases: Record

Judge Finds That Fee Award Of $342,782.50 Is Reasonable In Waiting-Time Penalties Case.         On June 17, 2022, the Hon. R. Gary Klausner issued a fee award to the prevailing plaintiff in a waiting-time penalties case. Caley Rae Pavillard v. Ignite International, Ltd. et al., USDC Central District No. 2:21-cv-01306-RGK-Ex.        

Ethics, Reasonableness Of Fees: 2/8 DCA Justice Wiley Suggests That Ethical Games And Unprofessionalism Will Justify A Fee Recovery Denial Or Reduction

Cases: Ethics, Cases: Reasonableness of Fees

Case Did Not Involve Fees, But His Lesson Should Be Paid Attention To.             Although the opinion in Field v. U.S. Bank National Association, Case No. B309111 (2d Dist., Div. 8 June 9, 2022) (published) is not an attorney’s fees decision per se, an observation early on in the opinion, authored by Justice Wiley, should

Costs, Laffey Matrix, Reasonableness Of Fees: Losing Defendants/Cross-Complainants Properly Saddled With RFA Proof Of Sanctions Fees And Routine Costs

Cases: Costs, Cases: Laffey Matrix, Cases: Reasonableness of Fees

Prevailing Parties Requested $393,945.30 In Fees, But Only Awarded $38,920.14—A Win, But Adverse Party Still Unsuccessfully Appealed.             The next case, Duncombe v. Barfresh Food Group, Inc., Case No. B308385 (2d Dist., Div. 2 May 31, 2022) (unpublished), demonstrates an important lesson:  where you obtain a significantly diminished fee award at the trial court level,

Prevailing Party, Reasonableness of Fees, Section 1717: Section 1717 Fees Award Of About $40,000 Affirmed For Plaintiff Who Had Fraud Claim Dismissed By Trial Court And Received Only A Portion Of Requested Damages After Bench Trial

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

A One-Sided Fees Provision Entitled Plaintiff To Reciprocal Prevailing Party Fees Under Section 1717, And A Trial Court’s Determination As To Reasonableness Of Fees Will Not Be Disturbed Absent A Showing That The Trial Court Is Clearly Wrong.             In Hernandez v. Thottam, Case No. B306547 (2d Dist., Div. 4 May 10, 2022) (unpublished), plaintiff

Block Billing, Reasonableness Of Fees: Even With Block Billing, $170,000 Fee Award—After A $64,000 Reduction—Was No Abuse Of Discretion

Cases: Block Billing, Cases: Reasonableness of Fees

Block Billing Criticisms Are Fair, Depending On The Circumstances.             Simons v. Superior Court, Case No. B309885 (2d Dist., Div. 3 Mar. 25, 2022) (unpublished) is a situation where the appellate court affirmed a Civil Code section 1717 fee award, even with high hourly rates and block billing, when the fee factual finder awarded $170,000

Consumer Statutes, Reasonableness Of Fees: 4/2 DCA Affirms Trial Court’s Almost $400,000 Haircut To Prevailing Song-Beverly Plaintiffs’ Fee Request

Cases: Consumer Statutes, Cases: Reasonableness of Fees

The Panel Found No Abuse Of Discretion In Trial Court’s Finding That The Hourly Rate And Number Of Hours Requested Were Excessive For A Case That Was Not Complex And Involved Little, If Any, Law And Motion Work.             In Mallonee v. Toyota Motor Sales, Case No. E075088 (4th Dist., Div. 2 March 10, 2022)

Lodestar, Reasonableness Of Fees: Where Matter Was Not Complex, Administrative Time Billed, and Severely Redacted Time Submissions Provided, Trial Court Was Within Its Discretion To Award $15,000 In Fees Rather Than The Requested $83,631.95

Cases: Lodestar, Cases: Reasonableness of Fees

Fee Amount Is Usually A Discretionary Call.             Bouquet Plaza SDS, LLC v. Kimmel, Case No. B306042 (2d Dist., Div. 2 Feb. 1, 2022) (unpublished) demonstrates how attorney’s fee motions should be attuned to lodestar factors, sometimes even offering voluntary reductions to maximize a favorable decision.  Otherwise, requesting inflated or improper fees could result in

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

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