Cases: Substantiation of Reasonableness of Fees

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 […]

Special Fee Shifting Statute/Substantiation of Fees/Trade Secrets: Ninth Circuit Decision Is In — Mattel v. MGA Entertainment Appeal

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

  Trade Secrets Damages/Fees/Costs Go POOF!, But Copyright Defense Fee/Costs Recovery to MGA Sustained On Appeal.      In a remarkably short decision penned by Chief Justice Kozinski on behalf of a 3-0 panel, the Ninth Circuit has taken some things away and let other things stay in the oft-posted-upon Mattel, Inc. v. MGA Entertainment, Inc.,

SLAPP/Substantiation Of Reasonableness Of Fees: $20,000 Fee Award To Winning Defendant Affirmed On Appeal

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  Later Order Fixing Fees Allowed Appellate Jurisdiction on the Merits; However, Detailed Billing Records Were Not Needed to Substantiate Fee Request.      In Susott v. Auld-Susott, Case No. H037066 (Jan. 3, 2013) (unpublished), plaintiff lost a SLAPP motion and the trial court awarded defendant $20,000 in mandatory fees out of a requested $31,976.74. Plaintiff

Reasonableness Of Fees/Substantiation Of Fees: Attorney Declaration With Work Breakdown Adequately Substantiated Fees

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

  Amount of Fees Awarded Was Sustained, Especially Given One-Third “Haircut.”      Defendants in Hanna v. Gabriel, Case No. B238484 (2d Dist., Div. 1 Dec. 27, 2012) (unpublished) prevailed in a dispute with a contract having a prevailing party fees clause. They sought about $75,000 in fees, supported by a declaration from one attorney describing

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

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