Opposing Party Did Not Adequately Provide A Litigation History Roadmap, Never Suggested A Reduced Award Amount, And Never Attacked Specific Billing Entries; No Allocation Necessary Because Work Was Inextricably Intertwined.
Cubework.com, Inc. v. Solo Trading, Case No. B330959 (2d Dist., Div. 1 June 6, 2024) (unpublished) has some nice tips for what opposing parties may need to do as far as attacking a fee request and shows how a fees claimant did the right thing by voluntarily eliminating duplicative entries.
In this case, plaintiff lost on its claims under an occupancy license agreement having an indemnity clause, but defendant won $48,511.50 in compensatory damages on its cross-complaint under some intentional tort claims where the lower court found willful misconduct by plaintiff/cross-defendant. Then, winning cross-complainant moved for fees after voluntarily reducing 90 duplicative entries. The lower court awarded the full ask of $225,894, given the litigation spanned over two years.
Cubework’s appeal of the fee award was unsuccessful. The indemnity clause was direct between the two parties, with the trial court finding willful misconduct by Cubework under the intentional tort claims although that type of misconduct was not substantively necessary—but it existed and satisfied the indemnity condition for an award of fees. There was no need to apportion fees for unsuccessful work as to another party dismissed before trial because it was intertwined with successful work on the intentional tort claims. Because the fee claimant voluntarily eliminated duplicative entries and the time/hourly rates were reasonable to the lower court, the appellate court could not find the award was shocking, even though the lower court acknowledged it was much more that the compensatory damages award. The appellate panel also observed that the opposing party failed to provide an adequate litigation history record, did not suggest a reduced award number at oral argument, and did not attack specific billing entries. These observations provide some valuable tips in moving for and opposing fee requests in state court (although the same tips likely are apt in federal court).
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