Cases: Substantiation of Reasonableness of Fees

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 Nov. 4, 2009) (unpublished), defendants City and landlord prevailed on a summary judgment motion based on plaintiffs not complying with a notice provision in a settlement agreement with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

Fee Substantiation: Improper Authentication of Prior Counsel Fee Bills Costs Prevailing Party $141,283.75 In Ultimate Fee Recoupment

Cases: Costs, Cases: Substantiation of Reasonableness of Fees

  Demonstrative Evidence and Computer Related Expenses Were Properly Allowed As Routine Costs.      The next case is one that will remind practicing litigators to make sure they properly authenticate fee submissions in support of attorney’s fees request. The decision also has a nice discussion of some routine cost items that are recoverable in this

SLAPP: $112,353.75 Fee Award To Cross-Defendant Affirmed Where Claims Of Overstaffing Not Properly Demonstrated

Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 3 Finds No Abuse of Discretion.      In Raining Data Corp. v. Barrenechea, Case No. G040902 (4th Dist., Div. 3 June 26, 2009) (unpublished), plaintiff lost a SLAPP motion against a cross-defendant arising from a trade secret misappropriation dispute, with the trial court awarding $112, 353.75 to cross-defendant under Code of Civil

Contempt Proceedings: $67,392.84 Fee Award For Contempt In Disobeying Injunction Reversed

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

Third District Affirms Contempt Order, But Reverses Fee Order On Due Process Grounds.      For those of you having an interest in contempt proceedings (which are quasi-criminal in nature), the next case is for you. It also reinforces that fee awards must be crafted with regard to giving an opponent adequate due process rights.     

Substantiation of Fee Request: Attorney Billings Are Not An Absolute Requirement For Support Of A Fee Motion

Cases: Substantiation of Reasonableness of Fees

Second District, Division 5 Follows the Rule … But Still Provide Specificity!      The next case has a little something for everybody, principally the type of fee substantiation that will pass muster in California state fee proceedings.      In Cruz v. Martin, Case No. B209880 (2d Dist., Div. 5 June 4, 2009) (unpublished), plaintiff won

Family Law Award: Court of Appeal Validates Using "Estimated" Future Fees When Awarding Fee Recovery

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

Unpublished Decision Unremarkably Affirms Section 271 Sanctions and Awards Appellate Sanctions, But Remarkably Does Approve of “Estimated” Future Fee Approach in Fee Contests.      The next decision we survey is not remarkable for its results: it affirmed a Family Code section 271 sanctions award of $9,500 and then imposed appellate sanctions of $7,500 for a

SLAPP Fees …. Double Up On Attorney Use And Expect Reduction By Reviewing Courts

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

Second District, Division 8 Remands for Reduction Due to “Doubling Up” And Augmentation For Prior Fees That May Have Avoided Repetitive Work.      Two sets of successful defendant attorneys were awarded, respectively, $100,000 and $50,000 for their efforts in obtaining SLAPP wins for their clients. Each set of attorneys had two counsel involved (with Cumis

Civil Code Section 1717: Absence Of Fees Clause Means One Award Reversed, While Remaining Award Was No Abuse of Discretion

Cases: Section 1717, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Second District, Division 8 Reinforces that Contemporaneous Time Record Submission Is Not a Fee Recovery Requirement.      This next case illustrates two important principles under Civil Code section 1717: (1) you need some fee entitlement basis—either a statute or contractual fees clause; and (2) California state law is more lenient on fee substantiation, although it

Probate: Trust Payment Of Attorney’s Fees Must Be Documented Specifically Once Objections Are Made

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

First District, Division 1 Makes the Point for Specific Substantiation in Recent Unpublished Decision.      Probate law requires more specific substantiation to justify trust payments of attorney’s fees than is required in civil litigation—although our recent posts have still lobbied that time sheets and detailed breakdowns are advisable no matter what the context. The need

Scroll to Top