Recent Articles
Consumer Statutes, Prevailing Party: Prevailing Party Under Identity Theft And Debt Collection Statutes Was Prevailing Party So As To Be Entitled To Fees
Lower Court Properly Struck $251 In Expenses For Plaintiff Meeting With Attorney Because They Were Not Damages Under The Three Statutes, But Declaratory and Injunctive…
Landlord/Tenant: Where Tenant Won A Security Deposit Return Dispute, Lower Court Erred In Limiting Recovery Of Costs To The Contractual Cap Of $1,000
However, The Cap Did Apply To Fees; So, If The Costs Were Under $1,000, Lower Court Can Reconsider If Any Fees Are Appropriate Up To…
Allocation, Multipliers, Private Attorney General: Close To $3 Million In Attorney’s Fees Award To Plaintiffs/Respondents Against CalPERS Is Affirmed On Appeal
Significant Benefit Was Conferred, And No Need For Apportionment Where Successful And Unsuccessful Claims Were Inextricably Intertwined. In Liu v. Bd. of Adm. of CalPERS,…
Requests For Admission: 4/3 DCA Publishes Cost-Of-Proof Order, Affirmed, To Emphasize RFAs Must Be Admitted Even Partially And Costs-Of-Proof Sanctions Must Be Precisely Delineated For The Work Incurred To Prove The Denied RFAs
In The End, $1,960 In Cost-Of-Proof Fees Were Awarded (Out Of A Requested $81,875) And $25,741.20 Routine Costs Requests Denied In Entirety. We do have…
Deadlines, Family Law: Deadline To File Fee Motion For Fees Under Family Code Section 6344 Is Governed By CRC 3.1702 Deadline Rules
No Exception Applied To Family Matters, With The Family Law Court Not Expressly Reserving The Matter For Later Junctures. In In re Marriage of A.O….
Deadlines, Private Attorney General: 1/4 DCA Holds That Fee Motion Is Timely Filed If Filed 2 Court Days After Electronic Service Of Notice Of Entry of Judgment
Although A Validation Action Is Involved, The Broader Reasoning Gives Some Extension Days Past A Jurisdictional Appeal Deadline For Civil Appeals In General. Alameda County…
Prevailing Party, Special Fee Shifting Statutes: Respondent In Case Where CHROA Petition Was Dismissed And Where There Was Informal Agreement On Future Behavior, Had His Fee/Costs Denial Affirmed On Appeal
$9,193.30 Fee/Costs Award Denied, With Appellate Court Determining Respondent Was Not The Prevailing Party, Was No Abuse Of Discretion. CCP § 527.6(a) does allow a…
Substantiation Of Reasonableness Of Fees, Trade Secrets: $11.4 Million In Fees/Costs Awarded To Plaintiff Prevailing In A Trade Secret Case In Federal District Court
Sanctions Were Imposed On Defense Counsel After Jury’s Compensatory and Punitive Damages Verdicts, A Preliminary Injunction Was Entered, And District Judge Made Salient Observations About…
Allocation, SLAPP: Another Case Determines That Substantial Success Justifies SLAPP Fee Recovery, Where Intertwined Time Did Not Need To Be Allocated
However, Reduced Fee Award Was Issued, And It Was Affirmed On Appeal. Some of our posts do intersect, so this one is somewhat of an…
Allocation, SLAPP: Because Impact Of SLAPP Motion Is Paramount, No Need To Apportion Work On Unchallenged Claims
However, $155,255.98 Reduced Fee Award, Out Of A Requested $210,227.48, Is Affirmed On Appeal. In Advanced Orthopedic Center, Inc. v. Regal Medical Group, Inc., Case…
Private Attorney General: Reduced Fee Award To Prevailing Party, Based On Limited Success And Overlitigation, Was Affirmed On Appeal
Prevailing Party Only Obtained Petition Relief Based On General Prayer Clause, With Lower Court Granting A Remedy To The Prevailing Party–$53,679.63 Out Of $322,798.50 Fee…
Choice Of Law, Insurance: Appellate Court Sustains A Lower Court’s Ruling That An Insured’s Invocation Of Delaware’s Bad Faith Litigation Expense Exception For Fee Recovery Was Procedural So That California Did Not Have To Apply It
Case Has An Interesting Discussion, Under A Choice Of Law Analysis, Whether A Fee Claim Is Procedural Or Substantive, And It Was Procedural In The…
Civil Rights, Employment: San Diego-Tomas Opinion Is Certified For Publication
Lower Court Must Make Findings That FEHA Case Was Frivolous/Groundless Before Awarding Costs To A Prevailing Defendant, With Cost Memorandum Not Sufficing. On October 5,…
Hourly Rates: 2026 8am Survey Shows That Hourly Rates Are Still Prevalent For U.S. Small And Midsize Firms
Hourly Rate Arrangements Eclipse Flat Rate Agreements By A Substantial Margin. 8 am, on October 22, 2026, issued the 8am SMB Law Billing and Payments…
Block Billing, Costs, Hourly Rates, Laffey Matrix, Multipliers, Special Fee Shifting Statutes, Substantiation Of Reasonableness Of Fees: This Next Case Is A Poster Child For How NOT To Support Or Defend Fee And Costs Motions
In The End, The Defense May Have Gotten The Better Side Of It, But The Appellate Court Rejected That Nothing Was Owed To Plaintiff—The Reduced…
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Consumer Statutes, Prevailing Party: Prevailing Party Under Identity Theft And Debt Collection Statutes Was Prevailing Party So As To Be Entitled To Fees
Lower Court Properly Struck $251 In Expenses For Plaintiff Meeting With Attorney Because They Were Not Damages Under The Three Statutes, But Declaratory and Injunctive Relief Solidified Prevailing Party Status. Plaintiff in UHG I, LLC v. Tran, Case No. H053223 (6th Dist. Nov. 2, 2026) (unpublished), was the victim of identity theft, suing a creditor…
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Landlord/Tenant: Where Tenant Won A Security Deposit Return Dispute, Lower Court Erred In Limiting Recovery Of Costs To The Contractual Cap Of $1,000
However, The Cap Did Apply To Fees; So, If The Costs Were Under $1,000, Lower Court Can Reconsider If Any Fees Are Appropriate Up To The $1,000 Ceiling. In Aviles v. Shenon, Case Nos. B342634 et al. (2d Dist., Div. 1 Nov. 2, 2026) (partially published; costs and fee discussion published), a tenant won a…
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Allocation, Multipliers, Private Attorney General: Close To $3 Million In Attorney’s Fees Award To Plaintiffs/Respondents Against CalPERS Is Affirmed On Appeal
Significant Benefit Was Conferred, And No Need For Apportionment Where Successful And Unsuccessful Claims Were Inextricably Intertwined. In Liu v. Bd. of Adm. of CalPERS, Case No. B341221 (2d Dist., Div. 2 Oct. 29, 2026) (unpublished), lead plaintiff/respondent Liu on appeal, a class member of CalPERS, filed a CCP § 1094.5 writ mandate petition, on…
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Requests For Admission: 4/3 DCA Publishes Cost-Of-Proof Order, Affirmed, To Emphasize RFAs Must Be Admitted Even Partially And Costs-Of-Proof Sanctions Must Be Precisely Delineated For The Work Incurred To Prove The Denied RFAs
In The End, $1,960 In Cost-Of-Proof Fees Were Awarded (Out Of A Requested $81,875) And $25,741.20 Routine Costs Requests Denied In Entirety. We do have a category entitled “Requests for Admissions.” This next opinion reinforces posts and lessons we have made in the past on this topic with respect to costs-of-proof sanctions relating to RFAs.…
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Deadlines, Family Law: Deadline To File Fee Motion For Fees Under Family Code Section 6344 Is Governed By CRC 3.1702 Deadline Rules
No Exception Applied To Family Matters, With The Family Law Court Not Expressly Reserving The Matter For Later Junctures. In In re Marriage of A.O. and Vologodskaya, Case No. A176388 (1st Dist., Div. 3 Oct. 28, 2026) (published), the issue on appeal was whether CRC 3.1702 deadlines applied to a prevailing party as far as…
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Deadlines, Private Attorney General: 1/4 DCA Holds That Fee Motion Is Timely Filed If Filed 2 Court Days After Electronic Service Of Notice Of Entry of Judgment
Although A Validation Action Is Involved, The Broader Reasoning Gives Some Extension Days Past A Jurisdictional Appeal Deadline For Civil Appeals In General. Alameda County Taxpayers Assn., Inc. v. City of Oakland, Case No. A172609 (1st Dist., Div. 4 Oct. 28, 2026) (partially published, on timeliness of fee motion) involved a real party in interest…