Cases: Substantiation of Reasonableness of Fees

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

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.

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