Cases: Substantiation of Reasonableness of Fees

Probate, Substantiation Of Reasonableness Of Fees: Removed Trustee’s Failure To Challenge Fee Entitlement Under Judgment Affirmed In A Prior Appeal Also Disposed Of Same Challenge In A Second Appeal

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

However, The Lower Court Did Reduce The Fee Request Because of Unusually Redacted Time Entries.                The Fifth District, in Trunick v. Calloway, Case No. F086766 (5th Dist. June 11, 2025) (unpublished), affirmed an award of attorney’s fees to a beneficiary who was instrumental in removing co-trustees in a probate dispute.  In earlier proceedings, the […]

Reasonableness Of Fees, SLAPP, Substantiation Of Reasonableness Of Fees: Successful SLAPPing Defendant Entitled To An Award Of $48,790 In Fees And $1,574.60 In Costs

Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Winning Defendant Did Something Smart:  After SLAPP Motion Granted, Offered To Stipulate To A Much Lower Fees And Costs Award, Rejected By Plaintiff.                When it comes to the reasonableness of a fee award, we have posted on situations where the prevailing party offered to stipulate to a lower fees/costs award and then obtained a

Substantiation Of Reasonableness Of Fees: Failure To Follow Local District Court Rule On Pre-Motion Meet And Confer Requirements Can Cost A Prevailing Plaintiff Or The Litigant’s Counsel The Right To Fees

Cases: Substantiation of Reasonableness of Fees

Ninth Circuit Affirmed District Judge’s Denial Of Fees For Failure To Meet And Confer For Purposes Of Seeing If Fee Dispute Could Be Resolved.                District court local rules have the “force of law.”  Prevailing plaintiff’s counsel learned that all too well, with his failure to follow one resulting in a complete denial of a

Eminent Domain, Reasonableness of Fees, Substantiation Of Reasonableness Of Fees: Unreasonable Demands And Lack Of Substantiation Caused A Substantial Fee Request Haircut

Cases: Eminent Domain, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Plaintiff Wanted $1.942 Million; However, Trial Court Properly Awarded Only $360,438.45 In Fees. [U.S. Army induction center, ca. 1942]. Getting haircuts. CA 1942. Library of Congress                This next case illustrates how fee requests need to be reasonable and supported by proper substantiation.  If not, the litigant will get a sizable “haircut,” which is exactly

Trade Secrets, Substantiation Of Reasonableness Of Fees: One Defendant Obtains Fee Award Of $254,147.40 Under Trade Secrets Fee Shifting Statute, While Another Defendant Denied Fees

Cases: Substantiation of Reasonableness of Fees, Cases: Trade Secrets

Other Defendant Denied Fees For Not Providing Sufficient Substantiation Of Claimed Fees.             In Environmental Logistics, Inc. v. Hayward, Case No. D080515, and Environmental Logistics, Inc. v. Tabush, Case No. D080516 (4th Dist., Div. 1 Aug. 25, 2023) (unpublished), two companion cases, Plaintiffs sued multiple defendants, including three former employees, for interference and trade secret

Block Billing, Substantiation Of Reasonableness Of Fees: Where Attorney’s Fee Request Was Modest, An Attorney In A Firm Can Substantiate His Firm’s Fees And Block Billing Was Not An Issue Where Fee Request Was Not Substantial

Cases: Block Billing, Cases: Substantiation of Reasonableness of Fees

However, Block Billing Is A Problem In A Complex Case With Multiple Billing Attorneys Involved.             In Minser v. Collect Access, LLC, Case Nos. B318325/B321996 (2d Dist., Div. 1 May 24, 2023) (unpublished), plaintiff prevailed on a Rosenthal Act debt collector claim, which has a fee shifting provision under Civil Code section 1788.30(c).  The lower

Family Law, Substantiation Of Reasonableness Of Fees: Attorney Fee Award To Husband Prevailing In Restraining Order Matter Reversed Due To Lack Of Information Necessary For Trial Court To Perform A Lodestar Calculation

Cases: Family Law, Cases: Substantiation of Reasonableness of Fees

An Unsworn Statement Made By Husband’s Counsel, As To His Hourly Rate And Time Spent Working On The Case, Did Not Support The Trial Court’s Lodestar Calculation.             In Marriage of Halamandaris, Case No. E076933 (4th Dist., Div. 2 October 10, 2022) (unpublished), husband defeated wife’s attempt to obtain a restraining order under the Domestic

SLAPP, Substantiation Of Reasonableness Of Fees: $23,100 SLAPP Fee Award Affirmed On Appeal, Minus A Small Amount For A Nonrelated Demand Letter

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Lack Of Evidentiary Challenges To Hourly Rates Justified No Reduction, And Block Billing Does Not Have To Be Reduced Depending On The Circumstances.             In Nejad v. Abernathy, Case Nos. B304481/ B307759 (2d Dist., Div. 4 Nov. 1, 2021) (unpublished), the lower court granted $23,362.50 to a SLAPP winner, which was affirmed on appeal except

Deadlines, Substantiation Of Reasonableness Of Fees: Party Winning Usurious Note Dispute Was Properly Awarded $318,400.50 In Contractual Attorney’s Fees

Cases: Deadlines, Cases: Substantiation of Reasonableness of Fees

Filing An Appeal Did Not Stay Fee Motion Determination Absent A Stipulation, With Petitioning Attorneys Doing A Commendable Job Of Supporting The Fee Request.             This next case, Korchemny v. Piterman, Case Nos. A155483 et al. (1st Dist., Div. 2 Aug. 27, 2021 [unpublished]; certified for publication on September 17, 2021), demonstrates how a winning

Appealability, Lodestar, Partition, Substantiation Of Reasonableness Of Fees: Lower Court’s Award Of Fees To Winning Beneficiaries And Property Owner In Partition Action Was Affirmed On Appeal

Cases: Appealability, Cases: Lodestar, Cases: Partition, Cases: Substantiation of Reasonableness of Fees

Apportionment Under Partition Statutes Is Vested Within Lower Court’s Equitable Discretion.             In Hofmann v. Hofmann, Case No. F079977 (5th Dist. July 15, 2021) (unpublished), trustee son Michael was obviously not happy when he lost a partition action to trust beneficiaries (his siblings) and the current property owner.  Beneficiaries and property owner, respectively, filed attorney’s

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