Attorneys' Fees

A dissolved law partnership has no property interest in hourly fee cases after the cases are transferred to a new firm, even if the new firm is populated with refugees from the dissolved firm. Read More

The trial court did not abuse its discretion in finding that neither party “prevailed” so as to recover fees or costs; defendant won the right to collect assignment fees, but plaintiff limited the fees to 4% of property value rather than the 10% defendant claimed. Read More

Artus v. Gramercy Towers Condominium Assn. Read More

A successful suit invalidating a public contract due to an awarding official’s conflict of interest is a suit “on the contract” for purposes of an attorney fee award under Civil Code 1717. Read More

In deciding whether to award attorney fees in a partition action, fees may be for the common benefit of all owners even if the proceeding is contested, with some joint owners not wishing to partition the property. Read More

In a childhood sexual abuse case, the defendant may recover attorney fees, but only upon showing that the case was resolved on the merits and in the defendant’s favor. Read More

Defendant signed a settlement agreement providing that it would not contest plaintiff’s entitlement to attorney fees (but only the reasonableness of the fee award), so defendant could not later argue that various statutes limited or prohibited a fee award. Read More

A plaintiff in a Public Records Act case may be the prevailing party and thus entitled to an award of attorney fees, even if a final judgment eventually dismisses the action—so long as the action was the catalyst for the defendant's provision of the requested records.   Read More

An affirmative defense based on a contract is not “an action or proceeding brought” to enforce that contract for purposes of the contract’s attorney fee clause.   Read More

Employee who prevailed in suit for nonpayment of wages or benefits was not entitled to an attorney fee award under Labor Code 218.5 because his complaint did not clearly seek a fee award under that statute.  Read More

If a party seeks a contractual attorney fee award as an adjunct to a judgment, the court determines the fee award on motion after entry of judgment; but if the party instead seeks attorney fees as an item of damage in a suit on the contract, the claim is an ordinary contract claim on which there is a right to… Read More

Project proponent cannot recover private attorney general fees under Code of Civil Procedure section 1021.5 because plaintiff did not act contrary to the public interest in bringing the unsuccessful suit alleging violation of various environmental protection laws. Read More

Exercising its inherent power, a federal court may award attorney fees as a sanction; however, unless criminal contempt procedures are followed, the sanction cannot exceed the amount of attorney fees the opposing party would not have incurred but for the sanctionable conduct.  Read More

Minor who prevailed on administrative action to assure his right to a free and appropriate education under the Individuals with Disabilities Education Act was considered a prevailing party for purposes of subsequent lawsuit filed by school district which sought to force other public entities to pay for his education.  Read More

Unless it expressly provides otherwise, a statute granting a right to an attorney fee award contemplates a fee calculated by the lodestar method, whether or not the party seeking the fee award was personally liable to pay the attorney.  Read More

The trial court abused its discretion in denying fees to three of plaintiff’s four lawyers because their time records were not properly authenticated, an objection the defendant did not raise.  Read More

Since a non-contingent contract for attorney fees between a lawyer and client must be in writing and signed by both parties in order to be enforceable, agreement which client never executed was not enforceable, and the statute of limitations had already passed on a quantum meruit action by the lawyer.  Read More

If a plaintiff seeks only injunctive relief and prevails, he can recover attorney fees under the Consumer Legal Remedies Act despite not having given the notice and opportunity for cure which the Act requires before the plaintiff may recover damages.  Read More

When a contract’ attorney fee clause is broad enough to cover tort as well as contract claims, the defendant is the prevailing party entitled to a fee award on the tort, but not the contract, claims when the plaintiff voluntarily dismisses the action before trial.  Read More

In a suit seeking to overturn a state regulatory body’s cease-and-desist order that was preventing purchase of water rights, plaintiff water district was not entitled to a fee award under the Private Attorney General Act because its own financial interest in completing the purchase contract—broadly construed—far exceeded the amount it spent on attorney fees.  Read More