Cases: Substantiation of Reasonableness of Fees

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 v. Torres Construction, Case No. B291940 (2d Dist., Div. 8 October 26, 2020) (unpublished), Defendant was hired by Los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Investment, LP v. Trammell Crow Santa Monica Development, LLC, Case No. B296147 (2d Dist., Div. 1 Oct. 1, 2020) (unpublished), sophisticated litigants battled it out over five years in litigation involving lots of law and motion, discovery, and then two rounds of largely successful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             In Koerber v. Project Veritas, Case No. B291770 (2d Dist., Div. 3 Sept. 29, 2020) (unpublished), the Court of Appeal affirmed a mandatory SLAPP award of $63,970 in fees and $1,680.13 in costs.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

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

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