31 Cited authorities

Ketchum v. Moses
24 Cal.4th 1122 (Cal. 2001) Cited 1,781 times 4 Legal Analyses
Holding that "the party seeking a fee enhancement bears the burden of proof
Horsford v. Board of Trustees of California State University
132 Cal.App.4th 359 (Cal. Ct. App. 2005) Cited 520 times 2 Legal Analyses
Holding that failure to consider that payment for the case was deferred for four years in discussion of whether a multiplier was warranted was an abuse of discretion
Serrano v. Priest
20 Cal.3d 25 (Cal. 1977) Cited 951 times 8 Legal Analyses
Holding that denying benefits of the private attorney general rule to funded public-interest attorneys would be essentially inconsistent with the rule itself
Kuxhausen v. BMW Financial Services NA LLC
707 F.3d 1136 (9th Cir. 2013) Cited 259 times 6 Legal Analyses
Holding that failure to attach certain state documents under 28 U.S.C. § 1446 is a "de minimis procedural defect" that is curable and does not warrant remand
Graciano v. Robinson Ford Sales, Inc.
144 Cal.App.4th 140 (Cal. Ct. App. 2006) Cited 277 times
Determining an award of attorney fees is a highly fact-specific task best left to discretion of the trial judge, familiar with the matter and with the expertise to determine the value of the legal services performed in the case
Gonzales v. CarMax Auto Superstores, LLC
840 F.3d 644 (9th Cir. 2016) Cited 193 times 2 Legal Analyses
Finding that the "amount at stake" in litigation involves anything other than interest and costs that "entail a payment by the defendant," including compensatory damages and "the cost of complying with an injunction"
Mondragon v. Capital One Auto Fin.
736 F.3d 880 (9th Cir. 2013) Cited 184 times 4 Legal Analyses
Finding the residency information submitted in that case insufficient to establish domicile, but adding, "We do not think, as the Seventh Circuit suggested, that evidence of residency can never establish citizenship. We agree with the observation of the Fifth Circuit that a court should consider 'the entire record' to determine whether evidence of residency can properly establish citizenship."
Serrano v. Unruh
32 Cal.3d 621 (Cal. 1982) Cited 417 times
Holding that "unless special circumstances would render such an award unjust," "parties who qualify for a fee should recover for all hours reasonably spent, including those on fee-related matters."
Broughton v. Cigna Healthplans of California
21 Cal.4th 1066 (Cal. 1999) Cited 248 times 12 Legal Analyses
Holding that a claim for public injunctive relief under California's Consumer Legal Remedies Act (CLRA) is not arbitrable, although damages claims under the CLRA are arbitrable
Robertson v. Fleetwood Travel Inc.
144 Cal.App.4th 785 (Cal. Ct. App. 2006) Cited 184 times
Concluding "that for purposes of the reimbursement remedy under section 1793.2, subdivision (d), the term ‘purchase price paid’ includes finance charges incurred in conjunction with the purchase"

Memorandum Points Authorities

31 Cited authorities

Holding that "the party seeking a fee enhancement bears the burden of proof

Holding that failure to consider that payment for the case was deferred for four years in discussion of whether a multiplier was warranted was an abuse of discretion

Holding that denying benefits of the private attorney general rule to funded public-interest attorneys would be essentially inconsistent with the rule itself

Holding that failure to attach certain state documents under 28 U.S.C. § 1446 is a "de minimis procedural defect" that is curable and does not warrant remand

Determining an award of attorney fees is a highly fact-specific task best left to discretion of the trial judge, familiar with the matter and with the expertise to determine the value of the legal services performed in the case

Finding that the "amount at stake" in litigation involves anything other than interest and costs that "entail a payment by the defendant," including compensatory damages and "the cost of complying with an injunction"

Holding that "unless special circumstances would render such an award unjust," "parties who qualify for a fee should recover for all hours reasonably spent, including those on fee-related matters."

Holding that a claim for public injunctive relief under California's Consumer Legal Remedies Act (CLRA) is not arbitrable, although damages claims under the CLRA are arbitrable

Concluding "that for purposes of the reimbursement remedy under section 1793.2, subdivision (d), the term ‘purchase price paid’ includes finance charges incurred in conjunction with the purchase"