Cases: Substantiation of Reasonableness of Fees

Anti-SLAPP: Losing Plaintiff Has To Pay Fees When Challenge On The Merits Is Affirmed On Appeal

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Plaintiff’s Failure to Challenge Specifics of Fees Award Ends the Matter.      The next case we discuss confronts somewhat conflicting themes in our whole blog. The amount of attorney’s fees award is usually a discretionary call reviewed under a deferential abuse of discretion standard. However, if one appeals and only challenges the correctness of the […]

Court of Appeal Reverses 88% “Haircut” In Fee Award to Landlord in ADA Indemnity Dispute With Tenant

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

  Fourth District, Division One Rules That Lower Court May Have Not Used Proper Lodestar Determination Factors in Drastically Cutting Fee Request, Suggesting It Parts Company From Reasoning in The Second District’s EnPalm Decision.      Notwithstanding the breadth of the abuse of discretion standard, the next case illustrates that appellate court will overturn fee awards

California Public Records Act: Unpublished Decision Reviewed On Our October 1, 2008 Post Is Certified For Publication

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

California Public Records Act: Unpublished Decision Reviewed On Our October 1, 2008 Post Is Certified For Publication Sixth District Certifies Bernardi v. County of Monterey For Publication.      On October 1, 2008, we posted a review of Bernardi v. County of Monterey, Case No. H031648 (6th Dist. Sept. 30, 2008). We indicated that this case

Proofread Your Work: Submission of Subpar Written Papers Or Sloppy Work Product Can Lead To A Reduction In Fees

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

Transylvania Feral Court Slashes Attorney’s Fees Award Drastically For Spoor Work Product.      Although we usually confine our posts to California-oriented cases, settlements, or fee issues, the following fee reduction ruling by a Philadelphia-based federal district judge was too good to pass up and also offers some sobering lessons to practitioners seeking fee awards when

Sixth District Affirms Attorney’s Fees Award of $244,287.50 Against Monterey County Under the California Public Records Act

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

Unpublished Decision Nicely Surveys Such Topics As Standard of Review, Lodestar, and Multiplier Principles.             In our June 30, 2008 post, we discussed a Shasta County Superior Court’s award of attorney’s fees against the City of Redding under the California Public Records Act (CPRA).  Government Code section 6259(d) provides for a mandatory

Inadequate Fee Substantiation: Winner In Attorney Fee Award Fails to Rebut Substantial Opposition Showing Glitches in the Substantiation Process

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

First District, Division Two Reverses Fee Award For Further Remand Proceedings to Scrutinize Substantial Fee Award.             In our “Cases:  Fee Substantiation” category, we have reviewed past decisions showing that California has a fairly “loosey goosey” standard for substantiating the amounts claimed in attorney’s fee petition requests.  However, the next case illustrates

Attorneys Successfully Sue Former Client For Collection Of Full Receivable Plus Attorney’s Fees In Collecting The Receivable

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

Recent Case Illustrates the Right Way to Handle A Dispute in Segments and Highlights Good Provisions to Have in Retainer Agreement             In Fitzgerald Abbott & Beardsley LLP v. Miller, Case No. A118762 (1st Dist., Div. 3 July 31, 2008) (unpublished), Former Client hired Attorneys to resolve a dispute with Client’s neighbors

Real Estate Sales Contract Allows Plaintiffs to Recover Attorney’s Fees for Judicial Proceedings Connected with Arbitration

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

Fifth District Drops Some Tantalizing Dicta About The Causal Relationship Necessary to Conclude Disputes “Arise Out of a Contract” for Purposes of Awarding Fees.             Although one might think that unpublished decisions only involve mundane issues of legal application, our posts have shown that they frequently confront novel issues or provide dicta

Block Billing: Commentators Disapprove the Practice and Courts Have Wide Discretion in Disregarding Block Billed Entries Altogether or Reducing by a Reasonable Percentage

Cases: Billing Record Substantiation, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

State Courts Have Wide Discretion, While Federal Courts Usually Reduce By a Trial Court-Assigned Percentage.             Block billing is the practice of assigning a one-time charge to multiple tasks.  An example looks like this:  “June 10, 2008:  Telephone conferences with client, retained expert, and opposing counsel; legal research; meeting with expert and

Breaking News: Supreme Court Denies Review of Harman v. City and County of San Francisco

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

Denial of Writ of Certiorari Leaves Court of Appeal Opinion – and Fee Award — Intact.             On June 23, 2008, the Supreme Court of the United States denied the petition for writ of certiorari for San Francisco v Harman, Allen.  —S.Ct.—, 2008 WL 1955817 (U.S. Cal.), 76 USLW 3611.      

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