indicated at hearing on Memorandum of Costs they intend to file Motion for Attorney's fees which will offset (or exceed) the $100,000 IIED Judgment in my favor. They argue since jury awarded zero economic damages that they prevailed, even though I won the breach of contract c/a. A MIL excluded my evidence on economic damages from trial. Memorandum of Costs were handled today. Now, what to expect on Motion for Attorneys' fees?
Attorneys fees listed on a Memorandum of Costs will still required a noticed motion for attorney's fees. The court makes the determination of which party is the prevailing party in conjunction with ruling on a motion for attorney's fees. Once the court determines who is the prevailing party, the court has discretion in determining what constitutes reasonable attorney’s fees. Typically, the judge considers the time the attorney has spent on the case, and the nature of the litigation, its difficulty, the amount involved, the skill required and employed, the attention given, the success of failure, and other circumstances of the case." (Serrano v. Priest (1977) 20 Cal.3d 25, 49, Nightingale v. Hyundai Motor Am. (1994) 31 CalApp.4th 99, 104.)
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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