Part II: Tips From 2005 Federal Judicial Center “Awarding Attorneys’ Fees and Managing Fee Litigation.” Yesterday, we gave Part I on fee entitlement. Now, we provide the tips on calculating the amount of a fee award from the 2005 Federal Judicial Center paper. Here is the roadmap in this area: * […]
Part I: Fee Entitlement. In 2005, Alan Hirsch and Diane Sheehey issued the second edition of “Awarding Attorneys’ Fees and Managing Fee Litigation” through the Federal Judicial Center. Here, we provide you will their analytical outline of determining whether a fee award is in order under federal fee shifting statutes: *
Three Grounds for Recovery Did Not Support Request. Property owner in Marchi-Friel v. Rago, Case No. A130125 (1st Dist., Div. 4 May 31, 2012) (unpublished) did obtain cancellation of a fraudulent grant deed, with the trial court also cancelling related promissory notes out of an abundance of caution. She then sought recovery of
Fact that Winner Did Not Prevail on Mechanic’s Lien Claim Did Not Dilute Stop Notice Win. Civil Code section 3176 is a special fee-shifting provision allowing a court to award reasonable attorney’s fees and costs to a bonded stop notice claimant prevailing in any action against an owner or construction lender. A
Here is an interesting one you do not see too often–named class members having to pay attorney’s fees to the winning defendant. On May 9, 2012, MMD Newswire posted that Raceway Ford, Inc. was awarded $1,468,380 in attorney’s fees plus costs as against 14 named class members, jointly and severally, in an
Plaintiff’s Case Was Brought and Prosecuted Without Reasonable Cause, But Remanded So Discretion Could Be Exercised. Above: The Federal Theatre presents "I want a policeman" by Rufus King & Milton Lazarus. Fastest moving comedy of the season : First time in San Diego. Federal Arts Project. 1936-41. Library of Congress. Code of Civil
Lack of Court or Judicial Proceedings Was Dispositive. Ms. Thornton, near the end of her term as a Board member of the California Unemployment Insurance Appeals Board, was appointed as an ALJ for the Board, a hire that was subsequently investigated by the State Auditor and Sacramento District Attorney’s Office for potential Government
$10,974 Fee Recovery to College District Reversed on Appeal. Okay, real estate fans, we have an attorney’s fees decision in the stop notice area. In Tri-State, Inc. v. Long Beach Community College Dist., Case No. B231848 (2d Dist., Div. 3 Mar. 12, 2012) (certified for publication), the appellate court decided that a
Only $162,500 In $1.7 Million Requested Fees Were Awarded–A Result Sustained On Appeal. Rey v. Madera Unified School Dist., Case No. F061532 (5th Dist. Feb. 28, 2012) (certified for publication) is somewhat of a sobering decision, reminding all of us that inflated fee requests can and will be severely discounted by lower courts,
Court of Appeal Followed Logic of Hinerfeld-Ward Decision. In Center Circle Constr. Corp. v. 652 Chautauqua, LLC, Case No. B226279 (2d Dist., Div. 3 Feb. 22, 2012) (unpublished), contractor prevailed at trial, but did not prevail on a prompt payment statute violation that payments were wrongfully withheld. The trial court determined that contractor’s
