Cases: Substantiation of Reasonableness of Fees

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is maybe a little off topic, Walley v. Superior Court (Hoover), Case No. G048340 (4th Dist., Div. 3 July 24, 2013) (unpublished) is an interesting writ proceeding where an attorney challenged a lower court order to disclose invoices and accounting documents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       In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with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 D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision.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

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

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