Cases: Substantiation of Reasonableness of Fees

Substantiation Of Reasonableness Of Fees: Fee Claimant’s Failure To Provide Billings To Opponent To Support Fee Request When Counsel Had Died Justified Fee Denial

Cases: Substantiation of Reasonableness of Fees

  Simply Lodging Billings With Court Before Hearing Did Not Suffice.      The key lesson from Promark Financial Ins. Marketing, Inc. v. McGee, Case No. G047723 (4th Dist., Div. 3 Feb. 26, 2014) (unpublished), a 3-0 decision from our local Santa Ana appellate court authored by Justice Aronson, is that one needs to submit detailed […]

Substantiation Of Fees: Lower Court Allowing Submission Of Supplemental Fee Billings In Class Action Case On Reasonableness Issues Must Allow Opposing Side To Review Them

Cases: Substantiation of Reasonableness of Fees

  Due Process Required No Less.      Concepcion v. Amscan Holdings, Inc., Case No. B247832 (2d Dist., Div. 7 Feb. 18, 2014) (published), although occurring in a class action context, is actually a decision that teaches a due process pointer in the area of substantiating attorney’s fee submissions before a trial judge.      In response

Minors/Substantiation Of Reasonableness Of Fees: Apportionment Of Attorney’s Fees Sustained Because Complaining Lawyer Provided Inadequate Record Of Hours Actually Worked

Cases: Minors, Cases: Substantiation of Reasonableness of Fees

  First Lawyer Got $10,000; Second Lawyers Got $115,000 in Minors’ Compromise Case.      Record keeping.  Keyser Brothers Iron Works.  1971.  Jack E. Boucher, creator.  Library of Congress.      Law Offices of Marvin L. Mathis v. Lotta, Case No. B248251 (2d Dist., Div. 8 Jan. 10, 2014) (unpublished) shows the importance of providing substantiation of

SLAPP/Substantiation Of Reasonableness Of Fees/Billing Records: Lower Court Did Not Err In Fashioning Three Fee Awards To Three Winning Defendants Successfully SLAPPing A Malicious Prosecution Action

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

  Trial Judge Reduced Requests Substantially Due to Severely Redacted Billing Records and General Supporting Attorney Declaration; Further Reductions Not Justified.      Three defendants (as well as their law firms) sought mandatory fee awards after SLAPPing plaintiff’s malicious prosecution action in Du Boise v Peterson, Case Nos. B237764/B240357 (2d Dist., Div. 5 Dec. 6, 2013)

Substantiation Of Reasonableness Of Fees: Even Heavily Redacted Spreadsheets Of Work Effort Will Support Fee Petition In California State Courts

Cases: Substantiation of Reasonableness of Fees

  $224,124 Fee Award Out of Requested $260,595 Deemed Reasonable, Although Preferred Substantiation Should Be More Detailed in Nature.      Defendants prevailing in a summary judgment proceeding involving a deed of trust with a fees clause sought to recover $252,595 in fees plus $8,000 in costs for a grand fee/costs award of $260,595. The trial

Special Fee Shifting Statute/Substantiation Of Fees: Contempt Judgment Fee Recovery Of $25,811 Affirmed Because Counsel Declaration Will Suffice For Fee Substantiation

Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

  California State Court Rules, More Lax, Steer the Determination.      In a long-standing feud of a sense, a trial court in Ripken v. Ballard, Case No. C070158 (3d Dist. Oct. 3, 2013) (unpublished) found that defendant was in contempt for disobeying a 2002 judgment restraining her and her agents from trespassing, blocking, or putting

Off Topic/Substantiation of Reasonableness Of Fees: But Not Really–Attorney Fee Billings In Non-Reasonableness of Fees Discovery Contexts Are Privileged

Cases: Substantiation of Reasonableness of Fees, Off Topics

  State Court Decision Differs from Federal Opinions on the Topic.      Although this is maybe a little off topic, Walley v. Superior Court (Hoover), Case No. G048340 (4th Dist., Div. 3 July 24, 2013) (unpublished) is an interesting writ proceeding where an attorney challenged a lower court order to disclose invoices and accounting documents

Prevailing Party/Section 1717/Substantiation Of Fees/Allocation/Reasonableness Of Fees: Tobacco I Case Now Certified For Publication

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe".  1924.  Library of Congress.       In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with

Prevailing Party/Section 1717/Substantiation Of Fees/Apportionment/Reasonableness Of Fees: People Of The State Of California Get $2.944 Million Fee Recovery In Tobacco Cases I Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

     Cigarette ad, Times Square.  Feb. 1943.  John Vachon, photographer.  LOC.      Although this case has quite a storied history, In re Tobacco Cases I, Case Nos. D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision.      What happened is this, in brief. People,

Consumer Statutes/Substantiation Of Fees: Heritage Pacific Decision Now Published

Cases: Consumer Statutes, Cases: Substantiation of Reasonableness of Fees

  Discusses Fair Debt Collection Practices Act Fee-Shifting and Block Billing.      In our April 5, 2013 post, we discussed Heritage Pacific Financial, LLC v. Monroy, which discussed the FDCPA pro-plaintiff fee-shifting statute (even where success is modest) and block billing issues (confirming that trial courts have discretion on how to penalize block billing, if

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