Cases: Substantiation of Reasonableness of Fees

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 Dec. 30, 2014) (unpublished), parties got involved in a brouhaha over a vacation home even though a real estate purchase agreement and deed of trust had broad attorney’s fees clauses.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with a $19,125 contractual fee award appealed in White v. Taylor, Case No. B252350 (2d Dist., Div. 4 Sept. 25, 2014) (unpublished).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      Bohm, Matsen, Kegel & Aguilera v. Bonilla, Case No. G048212 (4th Dist., Div. 3 Sept. 9, 2014) (unpublished), authored by Justice Bedsworth, had this to say about a default judgment which needed some more development on remand: “Once again, we reiterate that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

Lodestar/Laffey Matrix/Substantiation Of Reasonableness Of Fees: Syers Properties Opinion Now Certified For Publication

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

  Reviewed in Our May 6, 2014 Post.      In our May 6, 2014 post, we reviewed Syers Properties v. Rankin, Case No. A137610 (1st Dist., Div. 2 May 5, 2014 issued unpublished), which held among other things that: (1) detailed categorical breakout of time spent can substantiate a fee petition in California state courts;

Substantiation Of Reasonableness Of Fees: Gotta Submit Admissible, Competent Evidence On Fees Or Else Beware!

Cases: Substantiation of Reasonableness of Fees

  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

Civil Rights/Lodestar/Multiplier/Substantiation Of Reasonableness Of Fees: 88% Court Ordered Reduction In Civil Rights Fee Request Reversed

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

  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)

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

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