Motion Types Legal Issues

What is a Motion for Attorney's Fees?

In general, “California follows the ‘American rule,’ under which each party to a lawsuit ordinarily must pay his or her own attorney fees.” “Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties....” Code of Civ. Proc., § 1021

The Code of Civil Procedure, section 685.040 provides that attorney fees incurred in enforcing a judgment are recoverable as costs if the underlying judgment included an award of attorney fees to the judgment creditor. The Enforcement of Judgments Law (EJL) entitles judgment creditors to reasonable and necessary attorneys’ fees for enforcement efforts if provided by law. Code of Civ. Proc., § 685.040.

Where attorneys fees are permitted by statute as part of an underlying judgment and the statute does not limit the award of fees to those incurred prior to the judgment, post-judgment fees are provided by law. Berti v. Santa Barbara Beach Properties (2006) 145 Cal.App.4th 70, 77.

The “black letter law” is that the major factors to be considered by a trial court in fixing reasonable attorney fees include the nature of the litigation and its difficulty; the amount involved; the skill required and the skill employed in handling the litigation; the attention given; the success of the attorney's efforts and his or her learning, age, and experience in the particular type of work demanded; the intricacies and importance of the litigation; the labor and the necessity for skilled legal training and ability in trying the cause; and the time consumed. When the trial court is informed of the extent and nature of the services rendered, it may rely on its own experience and knowledge in determining their reasonable value. Moreover, the exercise of sound discretion by the trial court in the matter of attorney fees includes also judicial evaluation of whether counsel's skill and effort were wisely devoted to the expeditious disposition of the case.

Attorney’s fees are affected by rules covering many types of claims. e.g., Code of Civ. Proc., § 425.16(c) (“a prevailing defendant on [an anti-SLAPP motion] shall be entitled to recover his or her attorney's fees and costs.”); Code of Civ Proc., § 1717 (attorney’s fees on any action on a contract); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1141 (in FEHA matters, “fees recoverable... ordinarily include compensation for all hours reasonably spent....”).

The requirements vary by rule and must be looked into.

For example in anti-SLAPP matters the trial court is not constrained by the amount sought by the successful moving parties, but is obligated to award “reasonable attorney fees under section 425.16 [that] adequately compensate[] them for the expense of responding to a baseless lawsuit.” Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 361-362; see also Dove Audio, Inc. v. Rosenfeld, Meyer & Susman (1996) 47 Cal.App.4th 777, 785. The fees awarded should include services for all proceedings, including discovery initiated by the opposing party directly related to the special motion to strike. Tuchscher Development Enterprises, Inc. v. San Diego Unified Port Dist. (2003) 106 Cal.App.4th 1219, 1248.

Most Useful Motion for Attorney's Fees Examples

Recent Examples of Motion for Attorney's Fees

1-25 of 500 results

CENTER FOR BIO-ETHICAL REFORM, INC. VS. THE IRVINE COMPANY, LLC

Plaintiffs’ Motion for Attorneys’ Fees and Costs is granted in the amount of $114,596. Defendant’s Request for Judicial Notice is granted as to #1-5 and denied as to #6, which is not shown to be a court record. Plaintiffs may not recover t...

...2017, notwithstanding CRC Rule 3.1702(b)(1), which provides that any “motion to claim attorney’s fees for services up to and including the rendition of judgment in the trial court-including attorney’s fees on an appeal before the rendition of judgment in the trial court-must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108”, because the parties signed a stipu...

  • Hearing

    Feb 21, 2020

LISA FAY VS FCA US LLC

Lisa fay, Plaintiff, v. FCA US LLC, et. al. Defendants. Case No.: BC697073 Hearing Date: February 21, 2020 [TENTATIVE] order RE: MOTION for attorney fees and costs BACKGROUND Plaintiff Lisa Fay (“Plaintiff”) commenced this lemon law action against Defendant FCA US LLC (“FCA”) on March 8, 2018. The Complaint asserts causes of action for (1) breach of ...

...approximately $93,000 and his reasonable attorney fees and costs. (Barry Decl. ¶ 10, Ex. 4.) LEGAL STANDARD A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including...

  • Hearing

    Feb 21, 2020

CITY OF AZUSA VS RICAHRD FRANCIS HALL

...(KC069803) ______________________________________________________________________________ Non-party/Receiver Mark Adams’s Motion for Discharge of Receiver, Exoneration of Surety, and Order Directing Repayment of Fees and Costs Responding Party: Plaintiff City of Azusa; Defendant Provident Funding Associates, L.P.; Defendant Mortgage Electronic Registration Systems, Inc. Tentative Ruling Background This action ...

...billing records supporting these exorbitant fees prior to making its ruling as to whether these fees are reasonable.” (Pl. Opp. 2:1-2.) Indeed, no detailed billing entries have been submitted with this motion. Rather, it appears that Adams is relying on the monthly billing entries periodically filed in this action. Plaintiff’s counsel, Amanda R. Jones, submits a declaration in which she enumerates the vari...

  • Hearing

    Feb 21, 2020

JT LEGAL GROUP VS. IAN ADAM GLEASON, ET AL

...refused to endorse the check. Plaintiff alleges, unbeknownst to it, Wells Fargo had contacted Gleason and informed him that Plaintiff’s involvement was not necessary, and that Wells Fargo would deduct its fees and disburse the rest of the funds to Plaintiff. The funds were disbursed to Wells Fargo and Gleason, but not to Plaintiff. The complaint, filed April 3, 2018, alleges causes of action for: (1) fraud...

... Motion on Calendar On May 18, 2018, Wells Fargo filed a motion for an order compelling arbitration and staying the civil court proceedings. Plaintiff opposed. On June 22, 2018, the Court granted the motion to compel arbitration and stayed the proceedings. On December 20, 2019, Wells Fargo filed this Petition to Confirm Arbitration Order. The Court is not in receipt of an opposition brief to the petiti...

  • Hearing

    Feb 21, 2020

LOUIS METOYER VS MARJORIE ANNE GUZMAN, ET AL.

...PROCEEDINGS: This is a personal injury case arising from an auto accident. Defendant Marjorie Anne Guzman moves to compel Plaintiff’s deposition. TENTATIVE RULING: Defendant Marjorie Anne Guzman’s motion to compel the deposition of Louis Metoyer is GRANTED. The deposition is to take place within 14 days of the date of this order. Plaintiffs’ request for sanctions is GRANTED in the amount of $1,055.00...

...amount of $1,055.00 against both Plaintiff Louis Metoyer and his counsel, the Law Offices of Jacob Emrani, jointly and severally. Sanctions to be paid to Defendant’s counsel within 30 days. DISCUSSION: Motion To Compel Deposition Defendant moves to compel the deposition of Plaintiff Louis Metoyer. Where, as here, a party deponent has not appeared for his deposition at all, CCP § 2025.450 applies: (a) If...

  • Hearing

    Feb 21, 2020

JANE N.R. DOE, ET AL. V. LUCIA MAR UNIFIED SCHOOL DISTRICT, ET AL.

...(against Lucia Mar); (3) sexual harassment (Civ. Code, § 51.9) (against both Defendants); (4) sexual harassment in educational setting (Ed. Code, § 220) (against Lucia Mar); (5) intentional infliction of emotional distress (against both Defendants); (6) sexual battery (against Magdaleno); (7) battery (against Magadaleno); and (8) assault (against Magdaleno). As alleged in the complaint: As detailed in two oth...

...before the Court is Lucia Mar’s demurrer to and motion to strike the complaint. Lucia Mar demurs to the third cause of action for sexual harassment and fifth cause of action for intentional infliction of emotional distress on the basis that these causes of action fail to state a claim against Lucia Mar. (Code Civ. Proc., § 430.10(e).) Demurrer. A demurrer tests the legal sufficiency of the allegations in a co...

  • Hearing

    Feb 20, 2020

B H ET AL VS MANHATTAN BEACH UNIFIED SCHOOL DISTRICT

...ET AL VS MANHATTAN BEACH UNIFIED SCHOOL DISTRICT Defendant’s Motion to Continue Plaintiff’s Hearing on Attorney’s Fees Motion TENTATIVE RULING: The motions is GRANTED. The hearing on the motion for fees is continued to April 23, 2020. Moving party to give notice. There is good cause for a short continuance until a final judgment is rendered. The OAH has not provided its final determination of approp...

...Hearing to be set for a convenient date shortly thereafter.” The Court finds this reasonable and the final decision should be provided by these dates. The motion is GRANTED. The hearing on the motion for fees is continued to April 23, 2020.

  • Hearing

    Feb 20, 2020

LONDT VS MERRILL LYNCH MORTGAGE

...at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The Court intends to rule as follows; To deny Plaintiff Rudi Londt's motion to strike Defendants Nationstar Mortgage, LLC's ("Nationstar") pleadings, on the grounds that (i) to the extent Plaintiff merely seeks an order striking Nationstar's pleadings filed in this case, such...

...pleadings would not affect the judgment or fee award; (ii) to the extent Plaintiff's present motion is actually seeking to vacate the judgment and attorney's fees award against him, it is effectively a motion for reconsideration of multiple prior denials of his requests to vacate the judgment and fee award and, as such, is fatally defective due to Plaintiff's failure to comply with the procedural requireme...

  • Hearing

    Feb 20, 2020

GARY SARINA V. PHYSICIAN’S AUTOMATED LABORATORIES, ET AL.

...before the Court is Plaintiff’s motion for approval of (1) the PAGA settlement, (2) appointment of settlement administrator, (3) Plaintiff’s enhancement payment, and (4) attorney’s fees and costs. The motion is unopposed. “A PAGA representative action is ... a type of qui tam action” in which a private plaintiff pursues a dispute between an employer and the Labor and Workforce Development Agency (LWDA) on...

...settlement provides a Gross Settlement Amount of $425,000. (Briggs Decl., Ex. 1, p. 3, ll. 12-16.) After deducting administrative expenses2 ($10,000), Plaintiff’s enhancement payment ($7,500), and attorney’s fees and costs ($151,666.67), the Net Settlement Amount is $255,833.33. (Ibid.) 75% of the Net Settlement Amount will be paid to the LWDA per PAGA’s statutory scheme. (Lab. Code, § 2699(i).) The remaining ...

  • Hearing

    Feb 20, 2020

WIBERG V. JOHNSON

...ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER GRANTING MOTION OF PLAINTIFFS TO DEEM REQUESTS FOR ADMISSIONS TO BE ADMITTED; COMPELLING DEFENDANTS TO RESPOND TO WRITTEN INTERROGATORIES, DOCUMENT PRODUCTION AND ORDERING GARY JOHNSON AND CONNIE BLUCK TO APPEAR FOR ...

...January 2020, counsel for plaintiffs emailed his attorney to remind him of the deposition date. Mr. Dahliwal stated that Mr. Johnson was probably too busy to appear. No opposition has been filed to this motion. II. Analysis. By failing to respond to the request for admissions, defendants have waived any objections thereto. (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776 (citing Code of Civil P...

  • Hearing

    Feb 20, 2020

BANYAN TREES LIMITED, A PRIVATE COMPANY LIMITED BY SHARES VS MELINDA WOOLF, ET AL.

Defendant Melinda Woolf, Quang Vu Dang, and Uhai Blockchain’s motion to transfer venue to is GRANTED. On October 7, 2019, Plaintiff Banyan Trees Limited (“Plaintiff”) filed a complaint against Defendants Melinda Woolf (“Woolf”), Quang Vu Dang (“Dang”), and Uhai Blockc...

...397(a), 396b.) On February 4, 2020, Plaintiff filed an opposition. On December 10, 2020, Defendants filed a reply. Legal Standard “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court of Alameda County (1984) 37 Cal.3d 477, 482.) Plaintiff’s choice of venue is presumptively correct, and Defendant bears the burden of demonstrating t...

  • Hearing

    Feb 20, 2020

CHARLES KUTA V. COLORTOKENS, INC.

...information regarding Linkaj, a competing company ColorTokens alleges Kuta and several of his coworkers created while they were still employed with ColorTokens. Kuta opposes the motion to compel. ColorTokens’ Motion to Compel Discovery Responses ColorTokens moves to compel several items relating to Kuta’s involvement with Linkaj, a company that would compete with ColorTokens and that ColorTokens believed Kuta an...

...presentations for Linkaj that you referenced during your July 30, 2019 deposition. Defendant ColorTokens requests further responses to all of the requests for production of documents listed above. A motion for an order compelling further responses “shall set forth specific facts showing good cause justifying the discovery sought by the inspection demand.” (Code Civ. Proc., §2031.310, subd. (b)(1); Kirkl...

  • Hearing

    Feb 20, 2020

STRUCTURES INC VS. HYDROPRESSURE CLEANING INC

...courtroom rules and procedures, please visit: http://www.denoce.com ______________________________________________ The court's tentative ruling is as follows: The court intends to grant Defendant's motion to set aside the default and default judgment, pursuant to: 1) CCP § 473(d) in that service of summons was not valid and did not confer jurisdiction; 2) CCP § 473.5 in that defendant did not receive a...

...did not receive actual notice of the lawsuit in time to defend; and/or 3) CCP § 473(b) due to defendant's mistake, inadvertence, or neglect. In light of the court's intended ruling on this motion, the motion to stay enforcement of the writ of execution is moot. Discussion: According to the proof of service, HPC was served via service on Charles Carner "Vice President" as a "person served on behalf of an...

  • Hearing

    Feb 20, 2020

LUISA JOHNSON, ET AL. VS SOUTH PASADENA UNIFIED SCHOOL DISTRICT

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO QUASH: PLAINTIFF’S SUBPOENA; REQUEST FOR MONETARY SANCTIONS On March 7, 2019, plaintiff Syd Johnson, a minor by and through her guard ad litem Luisa Johnson (“Plaintiff”), filed this action agains...

...or limit it to the incident at issue. Defendant argues that the subpoena seeks irrelevant information over an overbroad time period and implicates other students’ privacy rights. Plaintiff argues the motion is moot because Burges already produced documents, and Plaintiff took his deposition off calendar. The court “may make an order quashing the subpoena entirely, modifying it, or directing compliance w...

  • Hearing

    Feb 20, 2020

RICARDO P PEREZ VS M B WELDING

... Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so ...

..._________________________________________________________________ The following is the Court's tentative decision concerning the motion of plaintiff intervenor, City of Santa Paula ("City") to dismiss this False Claims Act Action: The Court GRANTS City's motion to dismiss this qui tam False Claims Act Action. The Court declines to consider the late opposition/objection filed by Ricardo P. Perez. The Court finds City has demonstrated sufficient good cause by ...

  • Hearing

    Feb 20, 2020

LESLIE BLAKENEY VS SERGIO GARCIA

Motion to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) Having considered the moving and opposing papers, the Court rules as follows. No reply p...

...entrustment. On June 3, 2019, Plaintiff filed a second amended complaint to add a cause of action for fraud/intentional misrepresentation. On January 3, 2020, Defendants Sergio Garcia and Manuela T. Garcia filed a motion to compel Plaintiff to provide verified responses without objections to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) pursuant to California Code of Civil Pro...

  • Hearing

    Feb 20, 2020

JUAN ET AL V. LOVING QUALITY CARE HOMES, INC ET AL

Defendants’ Motion to Set Aside (Default) and Default Judgment is GRANTED. A default judgment entered against a defendant who was not served with a summons and complaint in a manner prescribed by statute is void. Sakag...

...and the default judgment are void as a matter of law (not voidable), defendants were not required to prove they have a valid defense in conjunction with this motion. The Court will not award attorney’s fees to counsel for plaintiff. Counsel should have known substitute service against the individual defendants would not be effective in a default judgment setting unless there were reasonable attempts to p...

  • Hearing

    Feb 20, 2020

EDWARD MAYO, AN INDIVIDUAL VS TK1SC, A CALIFORNIA CORPORATION

...things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court ...

...protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person. (Code of Civ. Proc., § 1987.1(a).) There is no requirement that the motion contain a meet and confer declaration. (See Code of Civ. Proc., § 1987.1.) “Unless otherwise limited by order of the court . . . any party may obtain discovery regarding any matter, not privileged, t...

  • Hearing

    Feb 20, 2020

KAREN VELIE V. CHARLES TENBORG, CEC ECO SOLUTIONS, INC.

...complaint in late October 2019, and filed an answer on November 25, 2019. Defendants have now filed a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16 (Anti-SLAPP), as well as two motions for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7. Plaintiff opposes all three motions. Defendants’ Special Motion to Strike Legal Standard “A cause of action against a perso...

...any act of that person in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (Code Civ. Proc., § 425.16(b)(1).) This section is ...

  • Hearing

    Feb 20, 2020

MATTER OF HELGE T GRAHN FAMILY TRUST

Nature of Proceedings: (1) Motion to Compel Production of Business Records (2) Petition to Determine Questions of Trust Construction Matter of Helge T. Grahn Family Trust, #19PR00160, Judge Sterne Hearing Date: February 20, 2020 Ma...

...Business Records Attorneys: For Petitioner: Diana B. Mercier (Reetz, Fox & Bartlett) For Trustee: Jana S. Johnston (Mullen & Henzell) Tentative Ruling: The court grants Petitioner Matthew A. Grahn’s motion to compel production of the requested business records specified in the November 5, 2019 subpoenas to Chase Bank and Wells Fargo Bank. Background and Petition: On April 25, 2019, petitioner Matthew A...

  • Hearing

    Feb 20, 2020

JEFF PERRY VS ERNEST TILL

...conversion, conspiracy to commit conversion, civil claim for receipt of stolen property – Penal Code §496(c), unjust enrichment, common count: money had and received – quantum meruit, intentional infliction of emotional distress, violation of Usury Laws – loansharking, cancellation of written instruments – Civil Code §3412, rescission of written instruments, injunctive relief, and declaratory relief. (1) DEMURRER ...

...conspiracy to commit extortion, aiding and abetting conversion, conspiracy to commit conversion, civil claim for receipt of stolen property – Penal Code §496(c), unjust enrichment, intentional infliction of emotional distress, violation of Usury Laws – loansharking, cancellation of written instruments – Civil Code §3412, rescission of written instruments, and injunctive relief causes of action in Till’s cross-co...

  • Hearing

    Feb 20, 2020

MATTER OF CARRARI FAMILY TRUST

Nature of Proceedings: (1) Ex Parte Hearing re Lack of Portable Water (2) Motion to Disqualify Counsel (3) Motion to Vacate Orders (4) Motion to Quash Subpoena (5) Motion to Quash Subpoena (6) Amended Pet to Remove Angelina Dettamanti as Trustee # 18PR00334 Matter of Carrari Family Trust Est. February 28, 2002 Hearing Date: 2/20/2020 HEARINGS: (1) Dettamanti’s m...

...pleadings after July2018, issue OSC re imposition of sanctions against counsel, and impose actual and punitive damages, legal fees, and court costs. (2) Dettamanti’s motion to vacate orders and dismiss (3) Motion by non-party Marcial Lopez to quash deposition subpoena for personal appearance and production, and/or for protective order, and sanctions ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for Pet...

  • Hearing

    Feb 20, 2020

LYSA GRIGORIAN VS HAIG PAPAIAN, ET AL.

...surreptitiously operated Exclusively out of the Commerce Club’s administrative offices and the Commerce Club’s address as its own. Papaian and Nguyen caused Exclusively to use the Commerce Club’s logo on promotional materials in order to suggest that Exclusively was a division or affiliate of Commerce. In March 2016, Papaian and Nguyen secretly caused the Commerce Club to enter into an exclusive event catering...

...Defendants may not be indemnified under the circumstances pursuant to Corporations Code sections 204, 317 or Labor Code 2802, and that Papaian and Malkasian must disgorge previously advanced attorney’s fees and costs. The fourth cause of action seeks equitable removal of Defendants Papaian, Tumanjan, and Malkasian as Directors of the Board. 2. Course of Proceedings On December 18, 2019, Defendants Tum...

  • Hearing

    Feb 20, 2020

LINEA POLK VS DAVID GERRITY

Nature of Proceedings: (2) Attorney Fee Motions; Motion to Tax Costs TENTATIVE RULING: Plaintiffs’ motion for judgment notwithstanding the verdict is denied. Defendant’s motion to tax plaintiffs’ cost memorandum in the amount of $5,424.98 is granted. In all other respects, defendant’s motion to tax plaintiffs’ costs is denied. Plaintiffs’ motion for attorney’s fees is grante...

...in the amount of $225,000. Plaintiffs’ request for expert witness fees pursuant to Code of Civil Procedure Section 998 is denied. Defendant’s motion for attorney’s fees and Section 998 expert witness fees is denied. BACKGROUND: This is an action for personal injuries resulting from mold contamination at residential property located at 512 E. Victoria Street, Santa Barbara, California 93101. Plaintiff...

  • Hearing

    Feb 19, 2020

JAVIER HERNANDEZ VS THE FIRM LOS ANGELES MODEL AND TALENT AGENCY, ET AL.

...terminated because of a disability. On July 19, 2019, Defendant filed the instant motion requesting an order that Plaintiff file an undertaking in an unspecified amount as security for costs and attorney’s fees. Standard: Code of Civil Procedure section 1030 provides, in relevant part: “(a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defe...

...an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney’s fees” means reasonable attorney’s fees a party may be authorized to recover by a statute apart from this section or by contract. (b) The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corpo...

  • Hearing

    Feb 19, 2020

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