Second District Awards About Only a Tenth of Requested Fees Based on Failure to Segregate Services and Comply With California Rules of Court. Here is a new area that we have not yet addressed—attorney’s fees awarded in a conservatorship. As in other substantive areas, it is necessary to provide proper substantiation […]
Second District, Division Six Modifies Fee Award Made Pursuant to Code of Civil Procedure Section 527.6(i). Where statutory directives are clear, a de novo issue of law is presented for the appellate court’s determination. That was the situation in the next case we discuss. Code of Civil
Second District Does Place Restrictions On Activities For Which Neutral Stakeholder Can Seek Fee Reimbursement. Code of Civil Procedure section 386.6(a) provides that a party to a properly commenced interpleader action “may insert is his motion, petition, complaint, or cross complaint a request for allowance of his costs and reasonable attorney
Yes, With the Answer Depending on Whether the Fee Entitlement Statute Is Discretionary/Mandatory in Nature or Whether the Intervenor Is “Innocent.” The Ninth Circuit recently explored the issue of when an intervenor may be held liable for an award of attorney’s fees and costs under two fee-shifting statutes, one arising under
No Express Findings Are Required When Denying a Fee Award to a Winning FEHA Defendant.
Federal Court of Appeals Overturns Two Fee Denial Orders in ADA Cases. The American with Disabilities Act of 1990 (ADA), 42 U.S.C. secs. 12101-12213, has a federal fee-shifting provision in section 12205, which allows a district court “in its discretion” to award the “prevailing party … a reasonable attorney’s fees.” In
Information Showing Less of an Income Disparity Properly Considering in Determining Amount of Fees Awardable to Mother For Prevailing in Prior Appeals. Under Family Code section 2030, the trial court has discretion to award attorney’s fees in family law actions to ensure that each party has access to legal representation. In
First District Affirms Substantial Fee Award and Compensatory Judgment Following Successful Bench Trial for Plaintiff. Government Code section 12965(b) authorizes an award of reasonable attorney’s fees and costs to the prevailing party in an action brought under the Fair Employment and Housing Act (FEHA). Normally, the prevailing plaintiff should be awarded
Trial Courts Possess Discretion to Raise or Lower 25% Fee Award Benchmark; Local Rules Determine Whether Awards Are Based on Gross or Net Settlement Proceeds. The nice aspect to blogging is receiving reader questions about fee award issues in different practice areas. Recently, we received one about award of fees in
Ninth Circuit Overturns Grant of Attorney’s Fees to Environmental Group under the Clean Water Act and Endangered Species Act. In Center for Biological Diversity v. Marina Point Development Co., Case No. 06-56193 (9th Cir. Aug. 6, 2008), the Ninth Circuit Court of Appeals entertained a developer’s appeal from an adverse judgment
