Cases: Substantiation of Reasonableness of Fees

Fee Substantiation: $199,607 Fee Award Affirmed Based On Lack Of Specificity In Framing Unreasonableness Challenge

Cases: Substantiation of Reasonableness of Fees

  Attorney Declaration as to Hourly Rates and Description of Work Adequately Substantiated Fee Petition Claims.      Defendant contractor and its president, sole shareholder, sole director, and sole employee (found to be the alter ego of the contractor) were found liable for $670,923 in damages in a construction defect lawsuit to purchasers of the Livermore […]

Probate: Court Of Appeal Reverses $5.2 Million Fee Awards To Former Trustee And His Attorneys in Beneficiary Self-Dealing/Conflict Litigation

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

Fourth District, Division 3 Finds That Fee Recordkeeping and Trust Litigation Expenses Must Be Scrutinzed Closely to Determine if Fees Were Reasonable and Appropriate From a Trust Benefitting Perspective.      Donahue v. Donahue, Case Nos. G040628/G041503 (4th Dist., Div. 3 Feb. 24, 2010) (certified for publication), is sure to be a widely cited opinion when

Homeowners Associations: Substantial Attorney’s Fees Awards In Favor Of Adjoining Neighbors and HOA Sustained On Appeal

Cases: Homeowner Associations, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Almost $500,000 in Total Fees Assessed Against Losing Homeowners.      For all you Olympic watchers out there, this next case will resonate the famous “agony of defeat” line from ABC’s Wide World of Sports.      In Sharp v. Anderson, Case No. B212528 (2d Dist., Div. 1 Feb. 18, 2010) (unpublished), plaintiff neighboring real property owners

California Disabled Persons Act: State Appellate Decision Finds That ADA Does Not Preempt, So Prevailing Defendant Entitled To Fee Award Without Showing Action Was Frivolous, Unreasonable, Or Groundless

Cases: Civil Rights, Cases: Preemption, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

First District, Division 4 Disagrees with Ninth Circuit’s Hubbard Decisions.      In our July 3, 2008 and January 12, 2009 posts, we discussed the Ninth Circuit’s Hubbard decisions (Hubbard v. SoBreck, LLC, 531 F.2d 983 (9th Cir. 2008) and Hubbard v. SoBreck, LLC, 554 F.3d 742 (9th Cir. 2009)), which held that a mandatory award

Indemnity And Apportionment: $402,596.40 Fee Award Affirmed In Refusal To Defend Dispute

Cases: Allocation, Cases: Discovery, Cases: Indemnity, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

Sixth District Found Opposing Party Forfeited Challenge to Billing Record Objections When It Failed to Attack Omissions Through Discovery Motion.      In the next case, the Sixth District—in UDC-Universal Development, L.P. v. CH2M Hill, Case No. H033862 (6th Dist. Jan. 22, 2010) (unpublished)—affirmed a $402,596.40 fee award under a contractual provision when sustaining a trial

Reasonableness Of Fees: Fifth District Gives Us Some Insights Into Their Thinking On the Subject

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

Except for Complaint in Intervention Fees, Court of Appeal Sustains $1,764,222.50 Fee Award.      For those of you practicing in California’s Central Valley (or, for that matter, attorneys wanting some more insight into how judges gauge the reasonableness of fees), stay tuned for the next one.      The Fifth District, in Ennis Commercial Properties, LLC

Costs Deadline, Fee Substantiation and Allocation: Fees/Costs Awarded In Anti-Speculation Liquidated Damages Clause Dispute Affirmed In Favor Of Developer

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

Liquidated Damages Clause Found Valid; Fees/Costs Award Sustained Also.      This next decision should be of substantive interest to both developers and our readers interested in fee issues.      Although unpublished, Beck Properties, Inc. v. Hameed, Case No. C058279 (Dec. 11, 2009) decided that an anti-speculation clause in a purchase agreement between a developer and

Fee Clause Interpretation: Landlord Awarded Substantial Attorney Fees For Prevailing In Three Actions Against Feisty Former Tenant

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Court of Appeal Finds Fee Clause is Broad Enough to Encompass All Three Actions.      Under Civil Code section 1717, the key to recovering fees in disputes involving contract and tort claims often devolves to a determination of whether the fee clause is sufficiently broad to encompass matters “arising out of” or “concerning” the

Prevailing Party: Defendants City And Landlord Win Summary Judgment and Gain $184,605 Fee Award As Prevailing Parties Under Civil Code Section 1717

Cases: Deadlines, Cases: Prevailing Party, Cases: Section 1717, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Both Determinations Affirmed on Appeal.      In Marinos v. City of Rocklin, Case Nos. C058958/C060844 (3d Dist. Nov. 4, 2009) (unpublished), defendants City and landlord prevailed on a summary judgment motion based on plaintiffs not complying with a notice provision in a settlement agreement with a fees clause. The trial court then awarded defendants $184,605

Fee Substantiation: Plaintiff’s Declaration About Hourly Rates And Small Law Firm Survey Deemed Sufficient Substantiation For Fee Request, Especially Given No Challenge By The Defense

Cases: Civil Rights, Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees

Third District Also Addresses Clerical Time and Multiplier Issues.      Plaintiff won a jury verdict of $16,536 on a failure to accommodate discrimination claim. Under the fee-shifting provisions of the Fair Employment and Housing Act (FEHA; Government Code section 12965(b)), the trial court awarded plaintiff $189,503.40 in fees, after lodestar deductions for clerical tasks, duplicative

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