Must Submit Competent Business Records or a Competent Attorney Declaration. Lund v. Merrick, Case No. G048210 (4th Dist., Div. 3 May 21, 2014) (unpublished) illustrates how admissible fee submissions are necessary, especially if an opponent makes an objection. In this one, a trial court granted a full fee request for SLAPP winner […]
Remanded To Decide If Multiplier Appropriate Upon Reversal of State Claim Giving Rise To Positive Enhancement. The Ninth Circuit in Chaudhry v. Interfaith Communities United For Justice and Peace, Case No. 11-55820 (9th Cir. May 19, 2014) (published) is an interesting decision involving federal civil rights/attendant state law (CA Civil Code section 52.1)
Trial Court Has Broad Discretion in Determining Amount of Fees. Appealing litigant in Hopper v. Lawyers Title Ins. Corp., Case No. B245705 (2d Dist., Div. 4 May 16, 2014) (unpublished) argued that $13,026 in attorney’s fees recovery should be excluded because the particular attorneys who performed the challenged work did not provide a declaration—with the
Successful Defendants Substantiated Hours and Hourly Rate Very Well In This One. Syers Properties III, Inc. v. Rankin, Case No. A137610 (1st Dist., Div. 2 May 5, 2014) (unpublished) is a case where a $843,245.27 defense fee award under Civil Code section 1717 was challenged on narrow grounds—with plaintiff disputing the reasonableness of
Looks Like Decades Trust Disputes Are Drawing To An End. Holt v. Denholm, Case Nos. G045496 and G046293 (4th Dist., Div. 3 Apr. 28, 2014) (unpublished)—both authored by Presiding Justice O’Leary–are two appeals involving cross-over probate and Civil Code section 1717 issues in a long-running battle between different sides of a family trust—pitting a
Not Every Attorney Must Attest to Substantiation of Hours in Fee Petition. In Anelle v. Tran, Case No. G048072 (4th Dist., Div. 3 Apr. 15, 2014) (unpublished), realtor/broker defendants defensed plaintiffs/sellers’ tort claims from a failed real estate transaction and also recovered listing compensation on a cross-claim where the listing agreement did contain
Trial Court Showed Discretion Exercised by Slicing $34,630.75 From Fee Request. Just to show you that fee awards do not have to be proportional to damages and that California does not absolutely require fee billings as substantiation, we refer readers to A-Z Bus. Sales, Inc. v. City of Burbank, Case Nos. B244867/B247187 (2d
$22,597.50 SLAPP Fee Award Based On Litigation Privileged Affirmed On Appeal. In Christiana v. Plotkin, Case No. B244862 (2d Dist., Div. 1 Feb. 27, 2014) (unpublished), plaintiff (former defendant in a criminal action) sued defendant psychiatrist who issued a report he did not like on his competency to stand trial/assist his appointed public
Practice Is Not Objectionable Per Se. 1800 – 1840. Library of Congress. The Fifth District in F.W. Spencer & Son, Inc. v. Harris Construction Co., Inc., Case Nos. F064782/F064793 (5th Dist. Feb. 26, 2014) (unpublished) sustained a contractual attorney’s fees award of $557,212.50 despite the appellant’s challenge that block billing should result
Simply Lodging Billings With Court Before Hearing Did Not Suffice. The key lesson from Promark Financial Ins. Marketing, Inc. v. McGee, Case No. G047723 (4th Dist., Div. 3 Feb. 26, 2014) (unpublished), a 3-0 decision from our local Santa Ana appellate court authored by Justice Aronson, is that one needs to submit detailed
