Administrative Order Designating Circuit Judge to Preside Over Excess
Fee Motions for Marion County
The trial judge had awarded prevailing City $ 266,870.40 in fees, primarily the lodestar request plus a 10 % enhancement (including work on a cross-complaint) and only $ 2,250 for «fees on fees» work (presenting
the fee motion for adjudication).
Not exact matches
Just as Torontonians were getting used to shelling out 5 cents
for plastic bags, Mayor Rob Ford — possibly angered by having to carry so many nickels and unwilling to suffer the indignity of paying
for a reusable shopping bag — put forth a
motion to do away with the city's plastic - bag
fee as of July 1.
Why would Alexis do that These days when a player signs as a «free agent» he will.ask
for a signing on
fee and his salary will be set high... depending upon his marketability.Defoe signed
for Bournemouth on a «free» and received a very healthy
fee himself as well as a reported # 100k a week.Imahine what Alexis could negotiate in January... and after that he can just about «shut up shop» as far as Arsenal are concerned... going through the
motions until the end of the Season on preparation
for the World Cup followed by his lucrative move to a new Club Once again Arsenal made the wrong decision and have shot themselves in both feet #shambles
But the lawyer
for the EC, Thaddeus Sori, who disagreed with the
motion, said the law allows the EC to determine the
fee.
«We have started the
motion of talking to our lawyers to get the processes of filing
for contempt because our relief was to have the EC not to accept any filing
fee and since they have accepted our filing
fee, they are in contempt of the injunction,» Mr Brew Hammond told Citi News.
Coalition MPs are under a three - line whip to attend the opposition day debate on a Labour - authored
motion that falls short of opposing higher
fees, but calls
for the white paper on the future of universities to properly explain the plans before the Commons votes on the
fee cap.
The King chooses high - roller banker Morgan Price (Forster, Finder's
Fee), and along with one of King's men and a Vig - picked damsel named Lily (Weisz, The Shape of Things), the wheels are set in
motion for a $ 5 million dollar gig.
There will be a filing
fee for the
motion to evict and a
fee for the sheriff to deliver the
motion to your tenant.
It is my opinion, that
motions for relief from stay related to homes are merely a way to attach more
fees to the account that most likely will not be paid since you are discharging your debts.
Extending the fund industry's losing streak, the court denied Harbor's
motion to dismiss excessive
fee litigation regarding the subadvised International Fund: «Although it is far from clear that Zehrer [the plaintiff - shareholder] will be able to meet the high standard
for liability under § 36 (b), he has alleged sufficient facts specific to the
fees paid to Harbor Capital to survive a
motion to dismiss.»
There are the usual uncomfortable calls to remind a client about an unpaid invoice, quoting a
fee, or telling her that you lost a
Motion for Summary Judgement.
The trial court agreed, and it therefore denied the
motion for attorney
fees.
As laid out in the appellate opinion, plaintiff ‟ s counsel and defendants ‟ counsel agreed to multiple extensions of plaintiff ‟ s time to file a
motion for attorney
fees on appeal, while they were trying to settle the amount owed.
Under California Rules of Court, however, any stipulation to extend the time
for filing a
motion for attorney
fees on appeal must be filed with the court before the original time has expired.
Don't think
for one moment that trial judges presiding over
fee motions do not factor in each side's conduct (during the litigation and in performing any settlement) when making their decisions.
As far as reasonableness of
fees, the trial judge did discount
for duplicative work between the two attorneys» SLAPP
motions, including a substantial reduction
for attorney # 2's
fees — inefficiency / duplicative efforts were indeed factored into the ultimate awards.
Either way, winning a
motion for summary judgment will usually result in saved time and legal
fees.
Motions for interim attorney
fees, spousal support and child support may all be filed early on in the divorce process.
A file of complete and thorough notes are gold when you have to detail your work
for an ethics or malpractice claim, to work through a billing dispute, to transfer a file to another lawyer, to prepare a declaration in support of a
motion for legal
fees, etc..
Plaintiff made a technical argument that Bank waived a right to claim
fees by not checking a box in its costs memorandum indicating it would be claiming
fees; this one was rejected
for a lack of prejudice — there was a filed
fee motion which was brought and fully contested such that there were no due process concerns.
Considering that the same district court allowed Apple to leverage a couple of recent Supreme Court opinions concerning
fee - shifting in connection with its pursuit of a recovery of attorneys»
fees from Samsung, it would seem just fair
for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties»
motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough
for Apple to request a retrial).
A trial judge in Pearson's divorce also denied his
motion seeking responses to 248 requests
for admissions and ordered him to pay $ 12,000 in legal
fees to VanLowe because he was «substantially responsible
for «excessive driving up» of the legal costs by «threatening both wife and her lawyer with disbarment» and creating unnecessary litigation,» the appeals ruling stated.
Plaintiff filed a
motion in Superior Court
for determination of the lien amount, and the judge determined that HPHC should bear a proportional share of the attorney's
fees, namely one - third as provided by the plaintiff's contingent
fee agreement.
Subsequently, the
motion judge varied the order to allow
for payment of legal
fees, living and other routine expenses.
However, it remanded to the trial judge to explore whether
fees were justified under a renewed
fee motion because plaintiff was a catalyst
for changing City changing its behavior (it was looking into amendments of the general plan) because of and in the manner sought by the litigation.
If I offer a fixed - price «contested» divorce,
for example, then the incentive
for the client is to make full - use of that pricing model and to regularly and repeatedly want to: 1) talk about their case (i.e., their evil spouse's latest antics) on the phone or in - person; 2) file more
motions to get their spouse to do something, to prevent their spouse from doing something, or to object to something the court ruled; 3) send more «demand letters» or make more phone calls to the opposing party or their attorney to tell them to return the car seat, or to complain that they dropped off the child 15 minutes late, etc; and 4) respond to ad hoc
motions from the other side (
motions for attorney's
fees,
motions to compel discovery,
motions for summary disposition,
motions to enforce, etc).
For example, we sometimes handle a
motion where the work involved would far exceed the hourly value of our
fee.
To sanction the lawyers, the judge said he would entertain a
motion from the small - firm lawyer
for fees and costs and he ordered the plaintiff's three attorneys to attend the hearing on the
motion.
I am asking since the FBI obviously created quite a distraction
for Apple's day - to - day routine and given that they now simply retract their
motion and reverted to a solution that would have actually had to be exhausted in the first place, shouldn't the FBI at least be responsible
for any legal
fees that it incurred?
There appears to be some risk by the defendant in filing a
motion to dismiss because if the court denies a
motion to dismiss, the defendant may also be liable
for the plaintiff's attorney's
fees.
October 13, 2017 Comments Off on
Motion for Sanctions — Failure to Convey Settlement Offer — Reasonable
Fees
We find further support
for this in the position taken by Husband during his
motion for reconsideration, wherein his attorney stated, «I can not imagine, when you apply the law to the financial circumstances of these parties, that there would be any other outcome other than they would each pay their own
fees.»
Obtained defense verdict on
motion for judgment at close of plaintiff's evidence, obtained award of attorneys»
fees, and successfully defended judgment and award on appeal.
Unless one filed a specific request
for advance suit costs, at most
motions for temporary relief the family court will only award
fees (if it awards
fees) that cover work done through the
motion for temporary relief.
If the plaintiff is unsuccessful in their action or
motion (however this is measured), they forfeit their security
fee and it goes to the court to compensate them
for their wasted time.
Read «Does Legal
Fees Motion in $ 590M Citigroup Case Include $ 1K Per Hour
for Low - Paid Contract Lawyers?»
But as Pam Smith of Legal Press writes here, that's the scenario in Maughan v. Google, where Justice Miriam Vogel argued that the lower court judge erred in cutting Google's request
for attorney
fees after prevailing on an anti-SLAPP (strategic litigation against public participation)
motion.
5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment
motion, with the trial judge later awarding County
fees under Code of Civil Procedure section 1038, which allows trial courts to award public entities the attorney's
fees they incur
for «unmeritorious and frivolous» lawsuits if the action was not brought in good faith and with reasonable cause.
The
motion requested $ 6,333,333.33 in attorneys»
fees for class counsel, $ 127,304.08 in costs, $ 79,000 in settlement administrator expenses, and $ 80,000 in class representative enhancement payments.
The trial court denied the
motion for attorney's
fees, and an appeal followed.
2013: Assisted with post-trial
motion hearings and preparation
for sentencing
for an individual convicted of incorrectly computing profit - based
fees for commodity option trading activity.
When forced to seek court intervention in compelling compliance with Discovery, we have an excellent track record of not only winning on our
motions, but also obtaining orders
for monetary sanctions and attorney's
fees on behalf of our clients.
Fees for such
motions are rarely under $ 1,000.00 and sometimes top $ 10,000.00.
In circumstances in which a party moves
for a de novo hearing by the Court, if the Court substantially upholds the decision of the Arbitrator, the party that requested the de novo hearing will be ordered to pay the
fees and costs of the other party and the
fees of the Arbitrator incurred in responding to the application or
motion unless the Court finds that it would be manifestly unjust.
The $ 25.00 filing
fee for the
motion is only a minute part of the cost of such
motions.
«Deadlines, Special
Fee Shifting Statutes: Although Timely Filed,
Motion For Defense Costs Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment
Motion Main Construction: California Supreme Court Decides That Prompt Payment Statutes Relating To Direct Contractor - Subcontractor Retention Withholdings Can Only Relate To The Relevant Specific Payment Otherwise Due Rather Any Dispute Between The Parties»
Defendant also successfully resisted a
motion for rehearing and reconsideration by the nonprevailing plaintiff, with defendant seeking CCP § 128.5
fees in his responding papers.
This appeal challenges the district court's rulings rejecting claims challenging property - inspection
fees under RICO, fraud, and unjust - enrichment theories, and denying plaintiffs»
motion for attorneys»
fees.
The opposite side appealed, claiming that defendant had to bring a notice of
motion for fees under CCP § 527.6 (r)'s
fee - shifting statute in the civil harassment context.