Reasonableness Of Fees: Plaintiffs Denied Contractual Fees Altogether Did Not Adequately Address All Reasons For Denial In Their Appellants’ Opening Brief

Responding To Some More Of The Defense Arguments In The Reply Brief Was Too Late.

            In GI Excellence, Inc. v. Padda, Case No. E076843 (4^th Dist., Div. 2 Nov. 7, 2022) (unpublished), plaintiffs won around $65,000 in compensatory damages and then moved to recover $755,300 in contractual attorney’s fees.  The lower court denied the request in entirety.  On appeal, plaintiffs did not address all of the defense arguments below as far as why the fee request should be denied in their opening appellants’ brief.  Although they did get to some more of the defense arguments in their reply brief, this was too late— “a day late and a dollar short,” as colorfully put by the appellate court in affirming the fee denial.