Reasonableness Of Fees: When Trial Judge Gives You A Supplemental Chance To Explain Fees And Allocate Them, Take The Judge Up On It Or Face Reductions Which You Will Not Like

Defendants Requested $191,007.50 In Fees, But Were Only Awarded $74,424.71 Based On Their Failure To Provide The Trial Judge With Adequate Supplemental Information.

            Mooney v. Argus Realty Investors, Case No. G060440 (4^th Dist., Div. 3 Feb. 2, 2023) (unpublished) is a stark reminder that a fee claimant needs to pay special attention to a trial judge’s request for supplemental information, especially the need to allocate between non-compensable or unsuccessful claims.  The fee claimant in this one ignored a trial judge’s request for supplemental information on billings and suggested allocations between compensable contract/non-compensable tort claims.  That was not good for the fee claimant:  the lower court reduced the total $184,435 billed fee request down to $135,704.42 for inefficiencies/excessive time; it then reduced that smaller total in half; and then added back in $6,572.50 in unbilled time, for a total award of $74,424.71.  Because the prevailing parties failed to raise any argument against apportionment and failed to respond to major supplemental requests by the lower court, the reduced award was no abuse of discretion.  Presiding Justice O’Leary authored the 3-0 opinion.