The trial court did not abuse its discretion in awarding fees to a prevailing plaintiff in an individual FLSA retaliation claim, properly apportioning total fees among several plaintiffs, and attributing to this prevailing plaintiff only those fees reasonably incurred in prosecuting her individual claims. Read More
Since plaintiff won jury verdicts for actual damages and emotional distress, but the jury awarded $0 on plaintiff's claim for defendant's profits from the use of plaintiff's likeness, neither party was a "prevailing party" for purposes of attorney fees. Read More
In calculating value of class action coupon settlement for purposes of awarding attorney fees, only the value of the coupon credits actually used by class members should have been counted; the district court erred by performing its fee calculation based on the full value of all the credits available to class members. Read More
For purposes of comparison with the amount of the judgment, pre-offer fees and costs are added to the amount of a rejected 998 settlement offer that is silent as to fees and costs since upon acceptance the offeree would have been entitled to an award of pre-offer fees and costs in addition to the amount of the settlement. Read More
The trial court abused its discretion by failing to consider all required factors under the Rule of Court governing minors’ compromise, which permits the reduction of plaintiffs’ attorneys’ contingency fees under certain circumstances. Read More
Plaintiff employees’ law firm was not entitled to attorney fees it sought separately and independently of court approval of class action settlement. Read More
In calculating value of class action coupon settlement for purposes of awarding attorney fees, only the value of the coupon credits actually used by class members should have been counted; the district court erred by performing its fee calculation based on the full value of all the credits available to class members. Read More
For purposes of comparison with the amount of the judgment, pre-offer fees and costs are added to the amount of a rejected 998 settlement offer that is silent as to fees and costs since upon acceptance the offeree would have been entitled to an award of pre-offer fees and costs in addition to the amount of the settlement. Read More
The trial court abused its discretion by failing to consider all required factors under the Rule of Court governing minors’ compromise, which permits the reduction of plaintiffs’ attorneys’ contingency fees under certain circumstances. Read More
Plaintiff employees’ law firm was not entitled to attorney fees it sought separately and independently of court approval of class action settlement. Read More
A fee-shifting provision in the standard-form residential deed of trust is enforceable against the borrower, but only insofar as the fees are added to the loan principal secured by the deed of trust. Read More
Section 9 of the standard-form deed of trust, which allows the lender to take steps to preserve its interest in the property (including defending litigation) and charge the cost of doing so to the borrower, is in the nature of an indemnity provision under which the lender could add its litigation expenses to the principal debt secured by the deed… Read More
The employee is the prevailing party, entitled to a fee award on an employer’s appeal from a Labor Commissioner’s ruling unless the appeal reduces the employer’s liability to $0. Read More
When a government agency agrees to produce requested documents but its former officer files a mandamus action against it seeking to bar that disclosure (in this case on attorney-client privilege grounds) and names the record requester as a real party in interest, the mandamus suit is not itself considered a suit to enforce the Public Records Act, and hence attorney… Read More
The district court abused its discretion in denying attorney fees to the plaintiff, who owned the copyright in a film that defendant illegally downloaded and shared online, since the fact that plaintiff settled for only $750 in statutory damages didn't show limited success but did emphasize the need for an attorney fee award. Read More
The Federal Trade Commission’s Holder Rule limits a creditor’s liability for claims by restricting the debtor’s total recovery (including attorney fees) to the amount paid by the debtor under the assigned contract. Read More
Attorney fees in Americans with Disabilities Act litigation are to be calculated using the lodestar method. Read More
The State Housing Law allows a city to recover its attorney fees if it sues to have a receiver appointed to remedy code violations in a non-compliant building, but not if the city intervenes in a lender’s suit for appointment of a receiver. Read More
Plaintiff which had prevailed in reversing six of eight zoning code variances the city council granted Target was a successful party entitled to a Private Attorney General fee award even if the city council later amended the zoning code to permit Target to build its store. Read More
The usual lodestar approach to an attorney fee award (under which the hourly rate is set by the market rate for attorney services) applies to proceedings involving teacher discharge before the Commission on Professional Competence. Read More
