Cases: Substantiation of Reasonableness of Fees

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      Parcell Steel Co., Inc. v. Sauer, Case No. G043444 (4th Dist., Div. 3 Feb. 28, 2012) (unpublished) is a situation where various defendants (former employees) were awarded substantial attorney’s fees against plaintiff former employer when employer lost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

Substantiation Of Fees: Incomprehensibly Redacted Billing Statements Led to Reversal/Remand Of Fee Award

Cases: Substantiation of Reasonableness of Fees

  10% Reduction for Improper Redaction Was Not Enough to Compensate for Deficient Fee Substantiation.      This is an interesting decision on the substantiation of fees area, which again has us reminding practitioners to be careful to not over “redact” fee billings placed before the trial court. (For some helpful past insight, see our prior

Appealability/SLAPP/Substantiation Of Fees: First District Entertains Challenge Of SLAPP Fee Award Even Though Fee Award Not Specifically Appealed

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

  Informative Discussion of SLAPP Fee Appealability Cases and Block Billing Implications.      Though unpublished, the appellate decision in LegacyQuest v. Rosen, Case No. A129177 (1st Dist., Div. 1 Jan. 27, 2012) (unpublished) has a great discussion of SLAPP fee order appealability issues as well as trial court discretion relating to block billing time submissions

Costs/Substantiation Of Fees/Trespass: Fifth District Decision, With Its Reversal Requiring New Fee Reconsideration On Remand, Offers Some Clues . . .

Cases: Costs, Cases: Substantiation of Reasonableness of Fees, Cases: Trespass

  . . . On Adequate Fee Substantiation, Cost Recovery Under Civil Code Section 3334(a), And Deadlines For Submitting Amended Fee Request Information      This next case is a wild thing, a second appeal involving litigants entangled in a subsurface trespass case where plaintiff was seeking to recover for defendant’s environmental contamination of its groundwater.

Deadlines/Section 1717/Substantiation Of Reasonableness of Fees: Fourth District, Division 3 Talks About Timely Moving For Fee Recovery, Scope of Section 1717 Recovery, And Fee Billing Redactions

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

  Reversal and Remand Was the Result in this One.      Acting Presiding Justice O’Leary in Fuller v. Monogram Real Estate, Case No. G044808 (4th Dist., Div. 3 Dec. 19, 2011) (unpublished), on behalf of a 3-0 panel of our local appellate court, got to explore three issues of interest in the attorney’s fees area

Reasonableness Of Fees: $52,848 Fee Award Sustained

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

  Proper Substantiation and Reduced Hourly Fee Clinched the Result.      A trial court awarded $52,848 fee award to a defendant who non-suited a plaintiff in a legal malpractice action at trial. Plaintiff challenged the fee award as excessive.      Not so, said Presiding Justice Mallano–in a 3-0 opinion–in Jackson v. Kim, Case Nos. B219116/B221686

Family Law/Substantiation Of Fees: Wife’s Counsel’s Unsworn Statements During Argument About Fee Work Services Did Not Support Fee Award

Cases: Family Law, Cases: Substantiation of Reasonableness of Fees

  $10,000 Fee Award to Wife Reversed by Fifth District.      This next case demonstrates that unsworn statements about the nature of fee work will not support a fee award in the family law arena, much less other arenas.      The Fifth District, in Marriage of Monroe, Case No. F061014 (5th Dist. Nov. 14, 2011)

Employment/Special Fee Shifting Statute (Pen. Code, § 502)/Reasonableness Of Fees/Allocation/Substantiation Of Fees: $980,373.50 Fee Award To Ex-Employee Not Paid All His Promised Commissions And Subject To Personal Computer Tampering Affirmed On App

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

  Appellate Court Found Lower Court Correct to View L.A. Attorneys As Within San Bernardino Venue and Necessary Given Earlier Misfortunes with Local Attorneys.      Trealoff v. Forest River, Inc., Case No. E048818 (4th Dist., Div. 2 Oct. 6, 2011) (unpublished) was a case where an ex-employee won sizable jury verdicts, including punitive damages, for

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