Cases: Substantiation of Reasonableness of Fees

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Acting Presiding Justice O’Leary in Fuller v. Monogram Real Estate, Case No. G044808 (4th Dist., Div. 3 Dec. 19, 2011) (unpublished), on behalf of a 3-0 panel of our local appellate court, got to explore three issues of interest in the attorney’s fees area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      Trealoff v. Forest River, Inc., Case No. E048818 (4th Dist., Div. 2 Oct. 6, 2011) (unpublished) was a case where an ex-employee won sizable jury verdicts, including punitive damages, for

Special Fee Shifting Statute/Substantiation of Fees: $71,500 Attorney’s Fees Award Sustained Against Many Procedural Challenges

Cases: SLAPP, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

  SLAPP Appeal Did Not Stay Fee Motion and Block Billing Challenge Rejected.      In Mangine v. Steier, Case Nos. B219022/B222822 (2d Dist., Div. 7 Aug. 9, 2011) (unpublished), plaintiff was SLAPPed and lost a summary adjudication of a landlord-tenant dispute in which the lower court granted attorney’s fees of $71,500 to present landlord under

Billing Records Substantiation: State Bar Arbitration Advisory 03-01 Offers Tips On "Detecting Attorney Bill Padding"

Cases: Substantiation of Reasonableness of Fees

  Gives Tips On What to Look For.      Although it dates back to January 29, 2003, the State Bar of California has an Arbitration Advisory aptly entitled "Detecting Attorney Bill Padding."      To identify bill padding, the Advisory suggested arbitrators focus on three things when determining a reasonable fee:      1. Evaluate the team/staffing

Substantiation Of Fee Requests: Plaintiff’s Counsel Shows Us How To Do It In A Case Where They Were Awarded 100% Of Requested Discretionary Fees And Expenses

Cases: Substantiation of Reasonableness of Fees

  Defense Did Not Oppose, But Plaintiffs Documented Things Well.      Plaintiff’s counsel in Situation Management Systems, Inc. v. Lamoco Consulting, LLC, Civil Action No. 06-11557-RGS (D. Mass. June 6, 2011 Order) requested $718,015.53 in attorney’s fees and expenses for their winning client in a copyright infringement action where the governing statute allows fees to

Substantiation Of Reasonableness Of Fees: Second Circuit Court of Appeals Rules That Contemporaneous Time Records Need To Be Presented For Fee Recovery In All But Rarest Of Cases

Cases: Substantiation of Reasonableness of Fees, Rates

Federal Decision Highlights Differences Between Federal Versus California State Approaches; Second Circuit Does Allow Attorney an Equitable “Fallback” Approach.      At the California state law level, although it is a good idea to keep them, contemporaneous time records are not required substantiation in fee proceedings. (Chavez v. Netflix, Inc., 162 Cal.App.4th 43, 64 (2008).) Beyond

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