Cases: Substantiation of Reasonableness of Fees

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Unpublished Decision Nicely Surveys Such Topics As Standard of Review, Lodestar, and Multiplier Principles.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            In Fitzgerald Abbott & Beardsley LLP v. Miller, Case No. A118762 (1st Dist., Div. 3 July 31, 2008) (unpublished), Former Client hired Attorneys to resolve a dispute with Client’s neighbors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.      

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

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