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 In Javaheripour v. Sigal, Case No. B304911 (2d Dist., Div. 4 Sept. 22, 2021) (unpublished), residential tenant won an inhabitability case against landlord, winning an unlawful detainer trial and then moving for lots of fees.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 […]
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 In Padlan v. Graves, Case No. A159576 (1st Dist., Div. 3 Sept. 17, 2021) (unpublished), a trustee was ordered to pay certain attorney’s fees to a beneficiary based on reneging on a mediation settlement agreement.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
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 Sept. 7, 2021) (unpublished) won $450,001 in compensatory damages under FEHA racial discrimination/retaliation claims.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
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 Wiles v. McClure, Case No. A161165 (1st Dist., Div. 3 Aug. 27, 2021) (unpublished) shows how a trial judge can consider numerous circumstances when determining the reasonableness of a requested fee award.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
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 In Fishback v. FCA US, LLC, Case No. B298677 (2d Dist., Div. 3 May 14, 2021) (unpublished), a lemon law plaintiff was awarded a lesser sum of attorney’s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
