Cases: Substantiation of Reasonableness of Fees

Allocation/Section 1717/Substantiating Reasonableness Of Fees: Realtor/Broker Defensing Sellers’ Tort Claims And Winning Broker Compensation Cross-Claim Gets Contractual Fees Against Real Estate Plaintiffs/Sellers

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

  Not Every Attorney Must Attest to Substantiation of Hours in Fee Petition.      In Anelle v. Tran, Case No. G048072 (4th Dist., Div. 3 Apr. 15, 2014) (unpublished), realtor/broker defendants defensed plaintiffs/sellers’ tort claims from a failed real estate transaction and also recovered listing compensation on a cross-claim where the listing agreement did contain

Reasonableness Of Fees/Substantiation Of Fees: Detailed Time Entries, Even Without Billings, Supported $192,678.98 Fees/Costs Award Even Though Compensatory Damages Were Only $44,960.32

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

  Trial Court Showed Discretion Exercised by Slicing $34,630.75 From Fee Request.      Just to show you that fee awards do not have to be proportional to damages and that California does not absolutely require fee billings as substantiation, we refer readers to A-Z Bus. Sales, Inc. v. City of Burbank, Case Nos. B244867/B247187 (2d

SLAPP/Substantiation Of Reasonableness Of Fees: Attorney Declaration Without Detailed Billings Can Support Fee Award In California State Courts

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  $22,597.50 SLAPP Fee Award Based On Litigation Privileged Affirmed On Appeal.      In Christiana v. Plotkin, Case No. B244862 (2d Dist., Div. 1 Feb. 27, 2014) (unpublished), plaintiff (former defendant in a criminal action) sued defendant psychiatrist who issued a report he did not like on his competency to stand trial/assist his appointed public

Substantiation Of Reasonableness Of Fees: Block Billing Was No Reason To Reduce Fee Request Where No Apportionment Required

Cases: Substantiation of Reasonableness of Fees

  Practice Is Not Objectionable Per Se.      1800 – 1840.  Library of Congress.      The Fifth District in F.W. Spencer & Son, Inc. v. Harris Construction Co., Inc., Case Nos. F064782/F064793 (5th Dist. Feb. 26, 2014) (unpublished) sustained a contractual attorney’s fees award of $557,212.50 despite the appellant’s challenge that block billing should result

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

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