Cases: Substantiation of Reasonableness of Fees

Substantiation of Reasonableness of Fees: Trial Court Did Not Err In Awarding Fees Based On Declaration Of Attorney Aware Of Overall Case, But Not Requiring Individual Attorney Declarations For Specific Work Performed

Cases: Substantiation of Reasonableness of Fees

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 Corp., Case No. B245705 (2d Dist., Div. 4 May 16, 2014) (unpublished) argued that $13,026 in attorney’s fees recovery should be excluded because the particular attorneys who performed the challenged work did not provide a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 […]

Lodestar/Laffey Matrix/Substantiation Of Reasonableness Of Fees: $843,245.27 Civil Code Section 1717 Fee Request/Award Affirmed On Appeal

Cases: Laffey Matrix, Cases: Lodestar, Cases: Substantiation of Reasonableness of Fees

  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      Syers Properties III, Inc. v. Rankin, Case No. A137610 (1st Dist., Div. 2 May 5, 2014) (unpublished) is a case where a $843,245.27 defense fee award under Civil Code section 1717 was challenged on narrow grounds—with plaintiff disputing the reasonableness of

Lodestar/Probate/Section 1717/Substantiation Of Fees: Court Affirms Fee Award On Fiduciary Duty Claims As Arising On Contract, Denies Fee Request Against Trustee Whose Opposition Was Not Frivolous, And Remands Lodestar Calculation

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

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 G045496 and G046293 (4th Dist., Div. 3 Apr. 28, 2014) (unpublished)—both authored by Presiding Justice O’Leary–are two appeals involving cross-over probate and Civil Code section 1717 issues in a long-running battle between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

Allocation/Section 1717/Substantiating Reasonableness Of Fees: Realtor/Broker Defensing Sellers’ Tort Claims And Winning Broker Compensation Cross-Claim Gets Contractual Fees Against Real Estate Plaintiffs/Sellers

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

  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      In Anelle v. Tran, Case No. G048072 (4th Dist., Div. 3 Apr. 15, 2014) (unpublished), realtor/broker defendants defensed plaintiffs/sellers’ tort claims from a failed real estate transaction and also recovered listing compensation on a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

Reasonableness Of Fees/Substantiation Of Fees: Detailed Time Entries, Even Without Billings, Supported $192,678.98 Fees/Costs Award Even Though Compensatory Damages Were Only $44,960.32

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

  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

SLAPP/Substantiation Of Reasonableness Of Fees: Attorney Declaration Without Detailed Billings Can Support Fee Award In California State Courts

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  $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

Substantiation Of Reasonableness Of Fees: Block Billing Was No Reason To Reduce Fee Request Where No Apportionment Required

Cases: Substantiation of Reasonableness of Fees

  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

Substantiation Of Reasonableness Of Fees: Fee Claimant’s Failure To Provide Billings To Opponent To Support Fee Request When Counsel Had Died Justified Fee Denial

Cases: Substantiation of Reasonableness of Fees

  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

Substantiation Of Fees: Lower Court Allowing Submission Of Supplemental Fee Billings In Class Action Case On Reasonableness Issues Must Allow Opposing Side To Review Them

Cases: Substantiation of Reasonableness of Fees

  Due Process Required No Less.      Concepcion v. Amscan Holdings, Inc., Case No. B247832 (2d Dist., Div. 7 Feb. 18, 2014) (published), although occurring in a class action context, is actually a decision that teaches a due process pointer in the area of substantiating attorney’s fee submissions before a trial judge.      In response

Minors/Substantiation Of Reasonableness Of Fees: Apportionment Of Attorney’s Fees Sustained Because Complaining Lawyer Provided Inadequate Record Of Hours Actually Worked

Cases: Minors, Cases: Substantiation of Reasonableness of Fees

  First Lawyer Got $10,000; Second Lawyers Got $115,000 in Minors’ Compromise Case.      Record keeping.  Keyser Brothers Iron Works.  1971.  Jack E. Boucher, creator.  Library of Congress.      Law Offices of Marvin L. Mathis v. Lotta, Case No. B248251 (2d Dist., Div. 8 Jan. 10, 2014) (unpublished) shows the importance of providing substantiation of

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