Cases: Substantiation of Reasonableness of Fees

Substantiation Of Reasonableness Of Fees: Party Moving For Fee Recovery Shut Out Because Judicial Notice Of Prior Evidence Did Not Suffice

Cases: Substantiation of Reasonableness of Fees

  $145,000 Minimum in Requested Fees Denied in Entirety.      Although the result in this case may seem harsh, it does underscore the need to provide adequate substantiation in support of a fee request. Failure to provide sufficient lodestar information may mean you could well whiff out at the plate, as the party did in […]

SLAPP/Reasonableness Of Fees/Substantiation Of Fees: $49,500 Fee Award To SLAPP Victor Affirmed

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

  Both Sides Appealed, Both Sides Did Not Gain Anything Upon Review.      In County of San Bernardino v. San Bernardino County Public Attorneys Assn., Case Mp/ E051576 (4th Dist., Div. 2 June 26, 2012) (unpublished), County lost a SLAPP motion and was assessed $49,500 through an adverse mandatory fee award (even though the defense

SLAPP/Substantiation Of Fees: $5,705 SLAPP Fee Recovery Falls Within The Collateral Order Exception To Appealability

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

       In City of Colton v. Singletary, Case No. E052377 (4th Dist., Div. 2 May 30, 2012) (certified for publication), cross-defendant was granted a SLAPP motion on two counts of a cross-complaint brought by City, eventually awarded $5,750 in fees and $80 in costs.      City appealed, with the appellate court discussing several SLAPP

Probate/Reasonableness Of Fees/Substantiation Of Fees: Lower Court Award Of Fees, Before Prior Appellate Decision Reviewing Compensatory Award, Had To Be Reversed When Appeals Court Substantially Scaled Back Compensatory Award

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

  Scaling Back to One Fifth Meant that a Fee Fixing Remand Was Necessary.      Here is a very pragmatically-based decision from our local Fourth District, Division 3 appellate court, dealing with a situation where a lower court fixed fees on the premise that a higher compensatory award was in play when a prior appellate

Homeowner Associations/Mediation/Substantiation Of Fees: Homeowner Hit With Fee Recovery For Failing To Satisfy Mediation Condition Precedent In Settlement Agreement With HOA

Cases: Homeowner Associations, Cases: Mediation, Cases: Substantiation of Reasonableness of Fees

  $58,212 Was the Fee Price Tag for Noncompliance With Mediation Condition Precedent.      Usually, we see what happened in the next case occurring instead under California Association of Realtor (CAR) sale/purchase form contracts, which have attorney’s fees clauses that are conditioned upon one or both parties attempting to mediate a dispute before resorting to

Equity/Substantiation Of Fees: $5,000 Fee Award To Winner In Partition Action No Abuse Of Discretion

Cases: Equity, Cases: Substantiation of Reasonableness of Fees

  Request Made in Verified Trial Brief Did Pass Muster.      This one is interesting for the proof accepted to sustain a $5,000 attorney’s fees award to the winner in a partition action.      Defendant in a partition action challenged a finding that plaintiff was entitled to $5,000 in attorney’s fees as a cost in

Costs/Undertaking: A Little Shy of $180,000 In Appeals Bond Premium Costs Properly Assessed Against Winning Defendant On Appeal

Cases: Costs, Cases: Substantiation of Reasonableness of Fees

  Even Though Defendant Did Not Win Total Reversal of Damage Award, Total Costs of Appeals Bond Premium Were Properly Awarded To Defendant For the Appellate Win.      Here is an object lesson for all appellate attorneys in a case: carefully assess whether you want an appeals bond. If you lose in a partially big

Indemnity/Substantiation Of Fees: Former Employees Prevailing In Actions Arising Out Of Their Agency Relationship Entitled To Substantial Fee Recoveries Under Indemnity Statute

Cases: Indemnity, Cases: Substantiation of Reasonableness of Fees

  Corporations Code Section 317(d) Did Sustain Large Fee Awards Against Non-prevailing Former Employer.      Parcell Steel Co., Inc. v. Sauer, Case No. G043444 (4th Dist., Div. 3 Feb. 28, 2012) (unpublished) is a situation where various defendants (former employees) were awarded substantial attorney’s fees against plaintiff former employer when employer lost confidential use of

Sanctions/E-Discovery/Substantiation Of Fees: New York Federal Magistrate Clarifies That FRCP 37 Fee Recovery Can Be Had For Attorney Rates From Outside The Case Venue Area

Cases: Discovery, Cases: Sanctions, Cases: Substantiation of Reasonableness of Fees

  Magistrate Also Discounts 10% Across the Board for “Block Billing.”      Ceglia v. Zuckerberg, 2012 WL 503810 (W.D.N.Y. Feb. 14, 2012) is a federal opinion from outside California that caught our eye for its departure from the so-called “forum rule”–reasonable attorney’s fees in the fee-shifting area are usually based on the work for comparable

Equity/Substantiation Of Fees: Trial Courts Have No Limitations On Equitable Discretion To Apportion Attorney’s Fees In Partition Actions

Cases: Equity, Cases: Substantiation of Reasonableness of Fees

  Second District Panel Disagrees With Contrary Holding in Finney; Approximation of Hours Under Penalty of Perjury Can Be Adequate Fee Substantiation.      The Second District, Division 4 in Lin & Lin v. Jeng, Case No. B232899 (2d Dist., Div. 4 Feb. 23, 2012) (certified for publication) considered the extent of trial court discretion to

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