Cases: Substantiation of Reasonableness of Fees

Reasonableness Of Fees, Substantiation Of Fees: $97,835.84 Fee Recovery To Indian Wells Affirmed In Ficus Tree Hedge Dispute Against Losing Private Nuisance Plaintiffs

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

  Attorney Declaration Suffices For Fee Substantiation At State Court Level, Surmounting Hearsay Objection Based On Business Records Exception.      In City of Indian Wells v. Lawellin, Case No. E060000 (4th Dist., Div. 2 June 11, 2015) (unpublished), City of Indian Wells prevailed in a dispute over a local ordinance limiting height of hedges to […]

Multiplier, Prevailing Party, Private Attorney General, Settlement, Special Fee Shifting Statute, Substantiation: Three Unpublished “Power Ball” Decisions Synopsized

Cases: Multipliers, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Settlement, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

  Dept. of Parks and Recreation v. Schoendorf, Case No. H039321 (6th Dist. May 26, 2015) (unpublished).    In this one, an appellate court denied $300,000 in attorney’s fees against the State under a settlement agreement where “reasonable diligence” governed the fee entitlement.  Given that the prevailing party determination was discretionary under this clause and

Special Fee Shifting Statute, Substantiation Of Reasonableness Of Fees: $175,000 Fee Award To Community Services District Defendant Under Brown Act Reversed On Appeal

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

  Nothing Showed Lawsuit Was Clearly Frivolous and No Billing Records Made Substantiation Possible.      In Kent v. Lake Don Pedro Community Services Dist., Case Nos. F068354/F069197 (5th Dist. May 14, 2015) (unpublished), a third appellate round, plaintiffs challenging Brown Act violations by the District were hit with an adverse fee award of $175,000 under

Civil Rights, Substantiation: Attorney Billings To County Client Are Privileged Communications Exempt From Disclosure Under California Public Records Act Exemption

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

  Ruling May Have Implications On Substantiation Submitted In Support Of Fee Petitions In California.      In County of Los Angeles Board of Supervisors v. Superior Court (ACLU), Case No. B257230 (2d Dist., Div. 3 Apr. 13, 2015) (published), the ACLU sought law firm billing records (mainly invoices) sent by counsel to Los Angeles County

SLAPP, Substantiation Of Fees: $33,265 In Fees To Two Prevailing Attorney Defendants Sustained On Appeal

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  No Trope Problem; Trial Judge Did Reduce Requests; Attorney Declaration Of Hours Expended Suffices.      In Shames v. Peffer, Case No. D065737 (4th Dist., Div. 1 Mar. 25, 2015) (unpublished), plaintiff sued two defendant attorneys personally (not their firm) for libel/prospective economic advantage interference, but was SLAPPed even though the law firm where each

Lodestar, Multiplier, Private Attorney General, Reasonableness Of Fees, Substantiation Of Fees: Plaintiff’s Attorneys Garner $721,994.81 In Fee Recovery For Successfully Arguing City Of Los Angeles Could Not “Outsource” Initial Review Of

Cases: Lodestar, Cases: Multipliers, Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

  However, Many of the Nonstatutory Costs Were Taxed.      Although we do not often post about trial court decisions involving fees and costs, Caleb Marker of Ridout Lyon + Ottoson, LLP in Long Beach sent us copies of the fees and costs rulings in Weiss v. City of Los Angeles, Case No. BC141354 (L.A.

Section 1717/Substantiation Of Reasonableness Of Fees: $340,567.55 Fees/Costs Award Under Civil Code Section 1717 Affirmed On Appeal

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

  Multiple Challenges To Entitlement/Fee Amount Rejected Upon Review.      In Palmer v. Patel, Case No. H039336 (6th Dist. Dec. 30, 2014) (unpublished), parties got involved in a brouhaha over a vacation home even though a real estate purchase agreement and deed of trust had broad attorney’s fees clauses. Plaintiffs lost the case and were

Multiplier/SLAPP/Substantiation Of Fees: $162,000 Fee Award To Two Defendants Affirmed On Appeal

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

  1.25 Multiplier Allowed, Lack of Specific Challenges Did Not Lead to Major Reductions, and Prior SLAPP Awards Were Not Dispositive.      If you have followed our blog, you known there is a mandatory fee-shifting statute in favor of SLAPP defendant winners. In Lunada Biomedical v. Nunez, Case Nos. B243205/B246602 (2d Dist., Div. 5 Oct.

Substantiation Of Reasonableness Of Fees: Attorney Declaration On Work Effort And Hourly Rate Adequately Supported Fee Motion

Cases: Substantiation of Reasonableness of Fees

  $19,125 Was The Fee Recovery.      Losing party hit with a $19,125 contractual fee award appealed in White v. Taylor, Case No. B252350 (2d Dist., Div. 4 Sept. 25, 2014) (unpublished). The principal basis was that an attorney declaration in support of work effort and hourly rates did not adequately underpin a fee award.

Equity/POOF!/Substantiation Of Fees: Reversal Of Default Judgment To Ex-Attorneys Against Client Meant Award Of Fees Had To Be Revisited Also

Cases: Equity, Cases: POOF!, Cases: Substantiation of Reasonableness of Fees

  Further, Costs Needed To Be Authenticated Better.      Bohm, Matsen, Kegel & Aguilera v. Bonilla, Case No. G048212 (4th Dist., Div. 3 Sept. 9, 2014) (unpublished), authored by Justice Bedsworth, had this to say about a default judgment which needed some more development on remand: “Once again, we reiterate that obtaining a default is

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