Substantiation Of Reasonableness Of Fees: Counsel Declarations Sufficed To Justify $425,000 Fee Award In HOA’s Favor

Losing Condo Owner’s Failure To Specify Excessive, Generic Time Entries Also Fatal.

            The fee substantiation requirement in California state courts is much less than in federal courts. Federal courts favor submission of detailed timesheets, while attorney declarations and the trial judge’s perception of the work can indeed support fee recovery in California state courts. Plaintiff, a condo owner, lost a water intrusion dispute against a Mammoth HOA, with the lower court awarding the HOA $425,000 in attorney’s fees as the prevailing party. The Third District affirmed in Bakas v. Mountainback Condominium Owners Assn., Case No. C081052 (3d Dist. Nov. 27, 2018) (unpublished, modifying prior unpublished decision and denying a rehearing). The appellate court determined that (1) losing party’s failure to specify what entries were duplicative, excessive, or generic forfeited the challenge on appeal, and (2) counsel declarations and the trial judge’s gauging of the fee claimant’s attorney work could support a fee award in California state courts even in the absence of detailed timesheets.