Cases: Record

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.         […]

Record: In Forma Pauperis Litigant Entitled To Court Reporter For Hearings And Trial Notwithstanding Local Superior Court Rule To The Contrary

Cases: Record

California Supreme Court Does Reiterate That Lack of Reporter’s Transcript Might Doom Fees Ruling Appeal.                 Although a little far afield of what we normally devote our posts to, Jameson v. Desta, Case No. S230899 (Cal. Supreme Court July 5, 2018) (published) is on point in stressing that a reporter’s transcript should normally be processed

Allocation, Homeowner Associations: Neighbor Winning $784,208 In Damages Against Another Neighbor Based On CC&R/Nuisance/Prospective Economic Advantage Damages Properly Awarded CC&R Fees Of $363,571.56

Cases: Allocation, Cases: Homeowner Associations, Cases: Record

Lack Of Fee Hearing Transcript Meant No Adequate Record On Appeal; However, Claims Looked To Be Interrelated Such That No Apportionment Was Required.                We have noticed an increasing trend among appellate courts to affirm fee awards or fee denials where the appealing litigant failed to provide a reporter’s transcript, especially where abuse of discretion

Probate/Record: Lack Of Transcript On Probate Objection To Award Of Ordinary Fees Dooms Appeal By Objecting Party.

Cases: Probate, Cases: Record

Probate Fee Order Presumed Correct.             A probate court in Estate of Marshall, Case No. A150296 (1st Dist., Div. 2 Feb. 27, 2018) (unpublished) awarded an attorney $7,500 in ordinary attorney’s fees to a former attorney for an estate.  An objection was filed stating that the fee should be shared with a court-appointed administrator, which

Reasonableness Of Fees 3-Fer: Fee Recovery Sustained In Landlord-Tenant, Family Law, And Appeal/Class Action Cases Based On Waiver, Failure To Provide Adequate Record, And Failure To Beat Abuse Of Discretion Standard On Amounts Awarded

Cases: Class Actions, Cases: Reasonableness of Fees, Cases: Record, Cases: Standard of Review

  Landlord/Tenant:  Sevier v. Ghannoura, Case No. B259542 (2d Dist., Div. 4 Mar. 22, 2016) (Unpublished).     Tenant won compensatory damages of $21,865 against landlords for illegal entry into common areas of a rental apartment without proper notice.  There was a fees clause, requiring mediation as a condition precedent, but tenant satisfied that by requesting

Employment, Lodestar, Multiplier, Record: Plaintiff Employee Obtaining $43,654.50 On Unpaid Commission Claim Awarded $58,341.50 Under Labor Code Fee-Shifting Statute

Cases: Employment, Cases: Lodestar, Cases: Multipliers, Cases: Record

  Plaintiff Requested $212,287.50 (Inclusive Of A 1.5 Multiplier), But Lower Court’s Award Of A Reasonable Lodestar Was No Abuse of Discretion.      Plaintiff employee eventually obtained recovery of $43,654.50 in an unpaid commission dispute even though he at one point was willing to accept $75,000 to settle which included a $30,000 component to reimburse

SLAPP: Losing Cross-Complainant Presented Inadequate Record Or Merits Argument To Overturn SLAPP Fee Recovery In Favor Of Cross-Defendant

Cases: Record, Cases: SLAPP

  Record Inadequacy Was Fatal.      Cross-complainant appealed after getting assessed with attorney’s fees in favor of a cross-defendant successfully SLAPPing the cross-complaint in Moody v. Lanak & Hanna, P.C., Case No. E059515 (4th Dist., Div. 2 Feb. 27, 2015) (unpublished). He did not get any change in result, mainly because he did not present

Special Fee Shifting Statute, Record: Public Entity Seeking Fees Under CCP § 1038 Must Support Motion With Specific Evidentiary Support And Citations To Trial Record

Cases: Record, Cases: Special Fee Shifting Statutes

  Public Entity Properly Denied Fees/Costs Under Section 1038 By Simply Pointing To Entirety Of Record.      Public entities seeking to recover fees and costs under Code of Civil Procedure section 1038—a fee-shifting section allowing such entities to recoup fees and costs if they can demonstrate a suit was brought in bad faith or without

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