Cases: Substantiation of Reasonableness of Fees

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 B286565/B286867 (2d Dist., Div. 4 June 5, 2019) (unpublished) left about $1.3 million in assets to three beneficiaries, one of which was designated as the trustee.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 […]

Homeowner Associations, Prevailing Party, SLAPP, Substantiation Of Reasonableness Of Fees: No Abuse of Discretion In Awarding Prevailing Plaintiff $114,990.75 In Lawsuit Against Homeowners Association

Cases: Homeowner Associations, Cases: Prevailing Party, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Condominium Owner Plaintiff Wisely Sought Fees Only For The Claims On Which She Prevailed Against Association             The Broadway Hollywood is a 10-story historical building on the corner of Hollywood and Vine. It was constructed in 1927 and originally used as a store. However, the building was abandoned in 1987 and remained vacant for

Prevailing Party, Substantiation Of Reasonableness Of Fees: Sibling Prevailing In Probate Dispute to Enforce Settlement Agreement Was Entitled To Fee Recovery Against Other Sibling

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

However, Prevailing Sibling’s Use Of Overly Redacted Billings Justified Reduction From Fee Request.             In Levine v. Levine, Case No. B284749 (2d Dist., Div. 1 February 6, 2019) (unpublished), siblings in a probate dispute entered into a global settlement agreement. One sibling moved to enforce the settlement agreement, but the motion was denied. The settlement

Allocation, Substantiation Of Reasonableness Of Fees: City Prevailing On Cross-Complaint Could Not Obtain Recovery Of Unilateral Inverse Condemnation Fees, Which Could Only Be Awarded To Losing Cross-Complainants

Cases: Allocation, Cases: Substantiation of Reasonableness of Fees

Apportionment Was Required In This Context, Plus A Relook At “Block Billing” Despite A 20% Reduction By The Trial Judge On The First Go-Around.             In City of Patterson v. Patterson Hotel Associates, Case No. F074038 (5th Dist. Jan. 11, 2019) (unpublished), City of Patterson prevailed on its complaint and defensed a cross-complaint involving a

Bankruptcy Efforts, Substantiation Of Reasonableness Of Fees: Debtor Is Entitled To Attorney’s Fees And Costs For Challenging A Willful Automatic Stay Order On Appeal

Cases: Bankruptcy Efforts, Cases: Substantiation of Reasonableness of Fees

Debtor Also Properly Allocated Fees To Work On Appeal, Such That A Procedural Basis For Denying Fees And Costs Was Infirm.             In In re Schwartz-Tallard, 803 F.3d 1095, 1101 (9th Cir. 2015) (en banc) [discussed in our April 17, 2014 post], the Ninth Circuit earlier held that 11 U.S.C. § 362(a) authorizes the court

Substantiation Of Reasonableness Of Fees: Counsel Declarations Sufficed To Justify $425,000 Fee Award In HOA’s Favor

Cases: Substantiation of Reasonableness of Fees

Losing Condo Owner’s Failure To Specify Excessive, Generic Time Entries Also Fatal.             The fee substantiation requirement in California state courts is much less than in federal courts. Federal courts favor submission of detailed timesheets, while attorney declarations and the trial judge’s perception of the work can indeed support fee recovery in California state courts.

Fees as Damages: Copenbarger Opinion Now Published—Deals With Attorney’s Fees As Damages And How To Properly Authenticate Them At Trial

Cases: Fees as Damages, Cases: Substantiation of Reasonableness of Fees

October 19, 2018 Unpublished Decision Now Published.             On October 20, 2018, we posted on the then unpublished decision in Copenbarger v. Morris Cerullo World Evangelism, Inc., which was authored by Justice Fybel of the 4/3 DCA. It dealt with whether breach of a settlement agreement fees were recoverable as damages versus costs (they were

Fees as Damages, Substantiation Of Reasonableness Of Fees: Using Client To Authenticate Attorney’s Fees Invoices Found To Be An Incompetent Showing, Requiring Reversal As A Matter Of Law

Cases: Fees as Damages, Cases: Substantiation of Reasonableness of Fees

Case Is A Stark Reminder On How To Competently Introduce Attorney’s Invoices In A Trial Where Fees Are Claimed As Damages.             Justice Fybel, a sitting justice on our local Santa Ana court (this year’s winner of the David G. Sills Award for Appellate Excellence Presentation by the Orange County Bar Association Appellate Law Section),

Civil Rights, Reasonableness Of Fees, Substantiation Of Fees: Third Circuit Court Of Appeals Denies Unreasonable Civil Rights Fee Petition And Affirms Sanctions Of $25,000 Against Attorney

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

Entire Fee Motion Denied For Misconduct And Inflated Fees, A Companion To Our Post On The Clemens Decision.             While co-contributor Mike was out on a short vacation, his legal assistant Shanna Strader was kind enough to post on Clemens v. New York Cent. Mut. Fire Ins. Co., No. 17-3150 (3d Cir. Sept. 12, 2018)

Insurance, Lodestar, Reasonableness of Fees, Special Fee-Shifting Statutes, Substantiation of Reasonableness of Fees: Third Circuit Upholds District Court’s Decision Denying Entire Almost $950K Fees And Costs Request To Successful Plaintiff

Cases: Insurance, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

Amount Requested Under Bad Faith Statute Was “Outrageously Excessive” Allowing District Court To Deny The Request Altogether As Thoroughly Explained In Its “Well-Reasoned One-Hundred-Page Opinion”             Ouch! Talk about learning a lesson the hard way! In a precedential opinion for a case decided by Justices Greenaway, Jr., Restrepo, and Bibas, and authored by Justice Greenaway, Jr.,

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