Cases: Substantiation of Reasonableness of Fees

Substantiation Of Reasonableness Of Fees/Reasonableness Of Fees: Two Unpublished Decisions Offer Good Roadmaps On How To Structure And Amend Fee Petition For Success, Where Appellate Court Sustained Substantial Fee Awards

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

  Salameh v. 5th and K Master Assn., Inc., Case No. D067232 (4th Dist., Div. 1 Aug. 30, 2016) (Unpublished): $4.88 Million In Aggregate Fee Awards Upheld On Appeal.      This involved hotel unit condo owners’ over 3-year battle against the HOA and various management entities in which owners sought over $64 million for overcharging […]

Substantiation Of Fees: Attorney Summaries, Not Detailed Billings, Will Suffice For Fee Substantiation Under The Right Circumstances

Cases: Substantiation of Reasonableness of Fees

  Trial Judge Found Summaries Credible—Credibility Being The Key.     In American Diversified Properties, Inc. v. Re/EX Valencia, Inc., Case No. B260155 (2d Dist., Div. 8 Aug. 22, 2106) (unpublished), appellant challenged a fee order on the ground that the attorney relied on summaries rather than detailed billing records.  The appellate court rejected this challenge,

Costs/Fee Substantiation: $5,560 In Expert Witness Fee Claimed As Costs Are Excised On Appeal

Cases: Costs, Cases: Substantiation of Reasonableness of Fees

  However, $212,076.50 In Defense Fees Under Civil Code Section 1717 Are Sustained.     In Steiner v. Thexton, Case No. C075266 (3d Dist. Aug. 18, 2016) (unpublished), the defense won a case and was awarded $212,076.50 out of a requested $214,576.50 in attorney’s fees under Civil Code section 1717—with the loser not contesting fee entitlement

Class Action/Substantiation Of Reasonableness Of Fees: Class Counsel’s $2.3 Million Fee Award Reversed, With Class Counsel Ordered To Produce Redacted Timesheets To Defense For Review At District Court Level

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

  District Judge Erred In Basing Fee Award Upon Only In Camera Review Of Timesheets Never Provided To The Defense.     Although occurring in a class action setting, this next case may have broader due process implications for cases in other areas of the law.  Time will tell on this prediction.     In Yamada v.

Allocation, Prevailing Party, Substantiation Of Reasonableness Of Fees: $390,000 Fee Award To Prevailing Defendants, Some Of Whom Were Alleged To Unsuccessfully Be Alter Egos, Is Affirmed On Appeal

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

  Fee Substantiation Issues Do Not Preclude An Award Of Fees To Prevailing Parties.     In Asphalt Professionals, Inc. v. Emaron Homes, LLC, Case No. B261674 (2d Dist., Div. 6 Jan. 20, 2016) (unpublished), plaintiff lost a case against certain defendants (some of whom were sued as alter egos) under a construction contract with a

Reasonableness Of Fees/Substantiation Of Reasonableness Of Fees: $180,880 Fee Award To Prevailing FEHA Plaintiff Winning $92,500 Affirmed On Appeal

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

  Dueling Appeals Resulted In No Change To Fee Award.      Alvarez v. W&L Harris Ranches, LLC, Case No. C074421 (3d Dist. Dec. 21, 2015) (unpublished) is an interesting case which primarily discusses the level of substantiation needed in a fee proceeding. It reinforces that California state court judges have a lot of discretion in

Costs, Prevailing Party, Section 1717, Substantiation: $107,450 Fee And $22,318.45 Cost Awards In Favor Of Prevailing Plaintiff In Rescission Suit Affirmed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Routine Costs Do Include Privately Retained Reporters Who Transcribe Court Hearings.      In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a

Allocation, Prevailing Party, Substantiation Of Fees: Looks Like Prevailing General Contractor Garnered Over $403,000 In Attorney’s Fees/Expenses For Obtaining Compensatory Damages Of Around $141,467.21

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

  Trial Court Did Not Abuse Discretion In Fee Award On Remand From Prior Appeal.     Barham Construction, Inc. v. City of Riverbank, Case Nos. F068373/F068914 (5th Dist. July 21, 2015) (unpublished) involved a situation where a general contractor for a skate project in Riverbank won a prior trial, with City being held responsible for

Discovery, Sanctions, Substantiation Of Fees: $2.7 Million In Discovery Sanctions Against Goodyear And Its Attorneys In Tire Failure Case Affirmed On Appeal

Cases: Discovery, Cases: Sanctions, Cases: Substantiation of Reasonableness of Fees

  No Precise Linkage Between Harm and Compensatory Sanctions Required, Where Discovery Abuse Was Frequent Or Severe.     This next case is a reminder of how one must be candid in discovery, with contrary positions and obstructionist litigation tactics possibly leading to large monetary sanctions against both client and client’s attorneys (as well as non-monetary

Civil Rights, Substantiation: L.A. County Bar Association Requests Depublication/Review Grant From California Supreme Court On County of Los Angeles Board Of Supervisors v. Superior Court

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

Implications On Fee Motions Provide First Ground Underlying Request.     On April 19, 2015, we posted on County of Los Angeles Board of Supervisors v. Superior Court (ACLU), 235 Cal.App.4th 1154 (2015), which held that attorney billing records were privileged and immune from discovery under a Government Code exemption.   We did observe that this would

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