That Was On Top Of Prior Trial Level Fees of $1.25 Million, All in a Boundary Dispute Between Neighbors.
Akin to HOA disputes, neighbor boundary disputes generate a lot of emotions as well as a lot of fees in any ensuing litigation. The next case demonstrates that the tab can even be as high as $1.7 million to the loser.
One set of neighbors in a North Beverly Glen Boulevard boundary dispute lost at trial, being hit with $6 million in compensatory and punitive damages ($2 million compensatory and $4 million punitive) as well as $1.25 million in attorney’s fees based on breaching a prior settlement agreement with a fees clause. Winning neighbors, who successfully defended the trial level win and fee award, then moved to recover $446,302.21 in appellate fees.
They got them all in Goldstein v. Beck, Case No. B226418 (2d Dist., Div. 7 Dec. 8, 2011) (unpublished), with the appellate court sustaining the award upon appeal by losing neighbors.
The abuse of discretion review standard could not be hurdled by appellants. The $600-650 hourly rates being claimed were found to be reasonable for the L.A. area for appellate practitioners. Appellants then argued that respondent’s counsel had less tasks to do, so that the more hours and fees incurred (78 hours more) was excessive. However, the 78 hour discrepancy in the more than 2000 hours expended by all parties was not that great, clearly distinguishing it from the huge disparity in efforts involved in Donahue v. Donahue, 182 Cal.App.4th 259, 272 (2010) [comparison of two sides’ efforts may be a reasonable check on the reasonableness of any fee request].
Also, there was no due process violations in the fee proceeding. After a supplemental declarations was presented in a reply, a sur-reply brief was allowed and an opportunity to be heard on the new matters.