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 […]
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
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 In Fishback v. FCA US, LLC, Case No. B298677 (2d Dist., Div. 3 May 14, 2021) (unpublished), a lemon law plaintiff was awarded a lesser sum of attorney’s
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 In Barto/Signal Petroleum, Inc. v. Boneyard, LLC, Case No. B299794 (2d Dist., Div. 8 Apr. 29, 2021) (unpublished), defendants prevailed and sought attorney’s fee under a contractual fees clause in a settlement agreement.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
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 In Aquino v. Klein, Case No. B301186 (2d Dist., Div. 3 Apr. 8, 2021) (unpublished), a dispute between friends, who went into business and then had a falling out romantically, resulted
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 A157136/A158069 (1st Dist., Div. 1 Apr. 6, 2021) (unpublished), defendant won a battle over whether a nondefamation liquidated provision seeking $1.3 million in damages was reasonable.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
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
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
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
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
