Cases: Substantiation of Reasonableness of Fees

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.       […]

REDUX ON MEDIATION, PREVAILING PARTY, AND FEE SUBSTANTIATION PRINCIPLES IN RECENT UNPUBLISHED DECISION

Cases: Mediation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

Second District Affirms Fee Award and Review Principles We Have Previously Surveyed.         Once in a while, we all need refresher courses. That all holds true in the fee award area. The next case is just that—reviewing principles we have earlier discussed on mediation clauses, prevailing party status, and trial court review of

ENFORCEMENT OF SETTLEMENT STIPULATION BASED ON STATUTORY LABOR VIOLATIONS REAPS FEE AWARD WHEN DEFENDANT DEFAULTS

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

Second District Finds That Settlement Stipulation Justified Fee Entitlement and Rejected Challenges to Substantiation of Claimed Fees.             A plaintiff enters into a settlement stipulation with defendant, agreeing only to waive fees and costs upon full payment.  Defendant does not pay.  Plaintiff obtains an order enforcing the settlement agreement payment terms and

In PRO PER APPELLANT LOSES CHALLENGES TO APPELLATE ATTORNEY FEE AWARD FOR BRINGING A FRIVOLOUS APPEAL OF AN ANTI-SLAPP ORDER

Cases: Billing Record Substantiation, Cases: Homeowner Associations, Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 3 Sanctions Losing In Pro Per Plaintiff By Affirming $40,000 Attorney’s Fees Award.             Previously, an in pro per litigant filed an anti-SLAPP motion to strike a fraudulent transfer complaint by an opponent.  (See Code Civ. Proc., §425.16 [anti-SLAPP statute].)  In pro per lost the motion, and the trial

FEHA WINNING MUNICIPAL ENTITY DENIED AN AWARD OF ATTORNEY’S FEES EVEN THOUGH FEHA CLAIMANT’S JURY AWARD WAS REVERSED EARLIER ON APPEAL

Cases: Substantiation of Reasonableness of Fees

Second District Finds No Abuse of Discretion in Trial Judge’s Determination That FEHA Claim Was Not Frivolous Despite a Prior Reversal in a Previous Appeal.             California’s Fair Employment and Housing Act (FEHA) provides “the court, in its discretion, may award to the prevailing party reasonable attorney’s fees and costs, including expert

DETAILED BILLING STATEMENTS ARE NOT AN ABSOLUTE REQUIREMENT IN FEE MOTION REQUESTS—BUT ARE HIGHLY ADVISABLE

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

DETAILED BILLING STATEMENTS ARE NOT AN ABSOLUTE REQUIREMENT IN FEE MOTION REQUESTS—BUT ARE HIGHLY ADVISABLE Third District Affirms Fee Award Based on Detailed Attorney Declaration, Holding Line Item Billing Statement Are Not An Absolute Requirement.             In Steiner v. Thexton, Case No. C054605 (3d Dist. May 28, 2008) (unpublished), the Third District

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