Cases: Substantiation of Reasonableness of Fees

Substantiation Of Reasonableness Of Fees: $387,464.50 Postjudgment Fee Award Reversed Based On Block Billed Entries And Severely Redacted Entries With No Justification

Cases: Substantiation of Reasonableness of Fees

Entries Made It Hard To Discern What Work Was Performed.             We like the result reached in R Consulting & Sales, Inc., Case No. D076749 (4th Dist., Div. 1 May 13, 2021) (unpublished), where an appellate court reversed a $387,464.50 postjudgment CCP §§ 685.040 and 685.070 enforcement fees award because the petitioning fee claimant had […]

Allocation, Multipliers, Section 1717, Substantiation Of Reasonableness Of Fees: Reversal And Remand Were In Order Where Trial Court Believed It Did Not Have Authority To Apply A Negative Multiplier In An Award Of Attorney Fees

Cases: Allocation, Cases: Multipliers, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

Invoices Submitted In Support Of Plaintiff’s § 1717 Fees Motion Were Extensively Redacted And Contained Vague Block-Billing, Which Offered The Trial Court No Way To Meaningfully Apportion Time Between Causes Of Action.             After defeating defendant’s cross-claim breach of contract cause of action, plaintiff moved for Civ. Code § 1717 attorney fees of $939,600.50, which

Substantiation Of Reasonableness Of Fees: No Abuse Of Discretion In Award Of $28,086 In Fees And $2,069.36 In Costs To Sellers Of Mobile Home Park Who Prevailed In Confirming Arbitration Award

Cases: Substantiation of Reasonableness of Fees

Buyer Failed To Meet Its Burden Of Rebutting Seller’s Showing Of Entitlement And Reasonableness Of Fees With Supporting Rebuttal Evidence.             In Kim v. PCP-Sundance, Case Nos. D076510/D076799 (4th Dist., Div. 1 January 11, 2021) (unpublished), buyer of a mobile home park sued sellers for $1,754,428.50 for breach of the parties’ Special Indemnity Agreement (SIA)

Probate, Substantiation Of Reasonableness Of Fees: Attorney Fees By Three Firms Granted To Trustee In Long-Standing Dispute Were Affirmed On Appeal

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

Fees To Three Firms Representing Trustee In Multiple Venues Was Just Fine In This Context.             A beneficiary under a trust, which engaged in a long-standing dispute against trustee in multiple venues (California superior court, California appellate court, U.S. bankruptcy court, and the Ninth Circuit Court of Appeals), was not happy when well-documented fees incurred

Landlord/Tenant, Substantiation Of Reasonableness Of Fees: Landlord Seeking To Overturn $988,539 Attorney Fees Award To Prevailing Commercial Tenants In UD Action Gets Fee Award Reduced By Only $14,125 On Appeal

Cases: Landlord/Tenant, Cases: Substantiation of Reasonableness of Fees

No Abuse Of Discretion In The Trial Court’s Implied Finding That The Total Time Tenant’s Attorneys Spent Working On The UD Case And Subsequent Appeal Was Reasonable Given The High Stakes Involved In The Litigation.             In NHP/PMB Burbank Medical, etc. v. Premiere Medical, etc., Case No. B299841 (2d Dist., Div. 7 December 14, 2020)

Substantiation Of Reasonableness Of Fees: Detailed Time Entries Supported $103,950 Fee Recovery Under Fraudulent Transfer Statute

Cases: Substantiation of Reasonableness of Fees

Fee Entitlement Was Not Contested Below, So That Premise Carried On Appeal, Especially Given No Request That The Appellate Court Consider It As A Discretionary Matter.             Shin v. Chung, Case No. B301055 (2d Dist., Div. 4 Nov. 18, 2020) (unpublished), is a bleak reminder to contest fee entitlement at the trial court level; if

Reasonableness of Fees, Substantiation of Reasonableness of Fees: $2.1 Million Attorney Fees Award Upheld On Appeal Despite Billings Submitted With Excessively Heavy Redactions Defense Claimed Made Effective Challenge Impossible

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

The 2/8 DCA Determined Defense Counsel Could Have Used Its Own Knowledge Of The Case To Hire An Expert For A Determination Of Whether The Hours Requested Were Reasonable.             In Los Angeles Unified etc. v. Torres Construction, Case No. B291940 (2d Dist., Div. 8 October 26, 2020) (unpublished), Defendant was hired by Los

Reasonableness Of Fees, Substantiation Of Reasonableness Of Fees: $2,135,688.75 Fee Award Affirmed On Appeal Based On Detailed Supporting Substantiation For Litigation Spanning Five Years And Lots Of Activity By The Other Side

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

Substantiation And Reasonableness Challenges Rebuffed On Appeal.             In San Vicente Investment, LP v. Trammell Crow Santa Monica Development, LLC, Case No. B296147 (2d Dist., Div. 1 Oct. 1, 2020) (unpublished), sophisticated litigants battled it out over five years in litigation involving lots of law and motion, discovery, and then two rounds of largely successful

Lodestar, Substantiation Of Reasonableness Of Fees: Trial Judge’s Award Of $1,000 In Fees/Costs Reversed Where Requested Amount Was $164,768

Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees

Appellate Court Needed More Of A Justification For Such A Large “Haircut.”             For readers who have followed us for some time, you would know that district judges in the Ninth Circuit have to explain “haircuts” from attorney’s fees requests which exceed 10% with some specificity.  (See, e.g., Moreno v. City of Sacramento, 534 F.3d

Costs, SLAPP, Substantiation Of Reasonableness Of Fees: SLAPP Fees Of $63,970 And Costs Of $1,680.13 Affirmed On Appeal

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

Vague Objections Not Entertained, But Failure To Award Positive Multiplier Was Sustained.             In Koerber v. Project Veritas, Case No. B291770 (2d Dist., Div. 3 Sept. 29, 2020) (unpublished), the Court of Appeal affirmed a mandatory SLAPP award of $63,970 in fees and $1,680.13 in costs.  The defense requested $109,545 in fees, inclusive of a

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