Cases: Substantiation of Reasonableness of Fees

Landlord/Tenant, Substantiation Of Reasonableness Of Fees: $1,586 Fees Award To Landlord Affirmed Based On Inadequate Lack Of Substantiating Evidence

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

$84,995.25 Was Requested; Only $1,586 In Fees Awarded.             Although there was no explicit appellate discussion on this issue, Triplett v. Decron Properties Corp., Case No. B295126 (2d Dist., Div. 1 Sept. 24, 2020) (unpublished) is a reminder for parties seeking fee recovery to provide sufficient evidence in support of a substantial request.  The particulars […]

Substantiation Of Reasonableness Of Fees, Trespass: Fee Recovery To Plaintiffs In Federal-State Court Agricultural Trespass Case Affirmed On Appeal

Cases: Substantiation of Reasonableness of Fees, Cases: Trespass

Fees In Federal Case Were A Continuation Of The Entire Litigation, And Reconstructed Time Can Be Credited Under The Right Circumstances.             The parties in Shuler v. Capital Agricultural Property Services, Inc., Case No. B294555 (2d Dist., Div. 6 June 24, 2020) (unpublished) came to the end of an agricultural trespass case which went before

Civil Rights, Costs, Substantiation Of Reasonableness Of Fees, Reasonableness Of Fees: Except For Correction Of Routine Costs Math, FEHA Fee Award Of About $1.1M And Almost $107K In Costs Affirmed On Appeal Where Plaintiff Won $650K In Damages

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

Limited Success/Allocation Fee Challenges Rejected On Appeal; Expert Witness Fees Can Be Sought Through A Costs Memorandum.              In Abarca v. Citizens of Humanity, LLC, Case No. B290090 (2d Dist., Div. 3 June 18, 2020) (unpublished), a FEHA plaintiff won a jury verdict on disability discrimination/retaliation claims, although losing two other claims, to the tune

Substantiation Of Reasonableness Of Fees: 2/8 DCA Publishes Decision To Stress The More Credible Weight Of Contemporaneous Records To Support An Attorney’s Fee Demand, With Lesser Proof Allowing For Substantial Reductions In Fees

Cases: Substantiation of Reasonableness of Fees

Attorney Demanded $308,000 In Fees, He Only Got $17,325.             “We publish to underline that contemporaneous time records are the best evidence of lawyers’ hourly work.  They are not indispensable, but they eclipse other proofs.  Lawyers know this better than anyone.  They might heed what they know.”             This early-on observation in Taylor v. County

Allocation, Lodestar, Reasonableness Of Fees, Substantiation Of Reasonableness Of Fees: Prevailing Plaintiff Correctly Awarded $182,000 Under Contractual Fees Clause After Winning $455,000 In Damages After A Lengthy Court Trial

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

Fees Award Should Not Get Offset Against Damages, And Trial Judge Awarded Contingency Arrangement Percentage As Fees—Dispensing With The Need For Review Of Detailed Bills.             Prevailing plaintiff in Pham v. Nguyen, Case No. H044958 (6th Dist. Apr. 15, 2020) (unpublished), on the heels of winning $455,000 in damages, moved for contractual attorney’s fees.  The

Class Action, Substantiation Of Reasonableness Of Fees: District Judge Adequately Explained 25% Reduction In Lowered Lodestar Hours, Says The Ninth Circuit

Cases: Class Actions, Cases: Substantiation of Reasonableness of Fees

Reasonableness Of Fee Award Confirmed By Percentage Of Recovery Cross-Check, Where Ultimate Award Was Beyond 25% Benchmark.             Class counsel in a consumer protection class action, which was settled, sought an unopposed $350,000 fee recovery.   The district judge, after setting the reasonable hourly rate, then applied a 25% reduction to the lower lodestar determination based

Allocation, Prevailing Party, Substantiation Of Reasonableness Of Fees: Prevailing Plaintiff Under Civil Code § 3344 Properly Awarded $137,595.20 In Attorneys’ Fees And $9,523.55 In Costs While Prevailing Defendant Under § 3344 Properly Denied Fees

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

Plaintiff – Although Seeking Six-Figures In Damages – Had Achieved His Litigation Purposes Through Damages Verdict of $10,000, But Dismissed Defendant Failed To Meet His Burden As To The Reasonableness Of His Fees Request.             In Dice v. X17, Inc., Case No. B2282448 (2d Dist., Div. 3 September 27, 2019) (unpublished), a celebrity news

Civil Rights, Lodestar, Substantiation Of Reasonableness Of Fees: 9th Circuit Remands Post-Settlement Fee Award In Civil Rights Case For Determination of Reasonable Hourly Rate and Settlement Agreement Date To Determine Fees For Work on Unfiled Motions

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

There Was Humor Here—Ninth Circuit Agreed Attorney Petitioning For Fees Was Ill-Advised To Put In A Declaration By A Hawaiian Plumber About What The Plumber Charged!             As you will see, there is some underlying humor simmering in Roberts v. City and County of Honolulu, No. 16-16179 (9th Cir. Sept. 12, 2019) (published).             What

Employment, Multipliers, Substantiation Of Reasonableness Of Fees: FEHA Plaintiff Properly Awarded Fees At Reduced Hourly Rates, But Augmented By Hourly Rates For Enhancement Factors, And Then Correctly Denied Any Multiplier Beyond That

Cases: Employment, Cases: Multipliers, Cases: Substantiation of Reasonableness of Fees

Almost $1.5 Million In Fees/Costs Sought, But Ultimate Affirmed Award Was About $649,000.             The next case is an interesting example of how a trial judge’s decision to not credit prior fee awards to an employment contingency attorney was affirmed because there was not sufficient foundation to show the prior awards were similar to the

Probate, Substantiation Of Reasonableness Of Fees: Trustee Benefiting Herself, Not The Trust, Not Entitled To Reimbursement Of $500,000 In Attorney’s Fees And Costs In Various Probate Proceedings

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

Besides That, Fee Substantiation Of A Re-created, Severely Redacted Nature Did Not Support Fee Recovery.              Decedent in In re Andersen Family Trust, Case Nos. B286565/B286867 (2d Dist., Div. 4 June 5, 2019) (unpublished) left about $1.3 million in assets to three beneficiaries, one of which was designated as the trustee.  After a to-do on

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