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Attorneys’ Fees

 

• Appeal by commercial landlord, a medical building, challenging the trial court’s grant of summary judgment in favor of commercial tenant, a physician, alleging breach of lease, holdover tenancy, and failure to pay common area maintenance.  Physician cross-complained alleging that the lease had expired eight years ago, that for 13 years he had timely paid rent as a month-to-month tenant to three prior landlords and the current landlord, that no treble rent was due, and that landlord owed physician attorneys’ fees. Resolved by mediator’s proposal.

 

• Appeal by former employer, a bank, challenging an arbitrator’s award of six figures in  plaintiff's attorneys’ fees when the employee had lost on all but one of her many employment claims, awarding $100 out of her multi-million-dollar demand. The employer alleged that any attorneys’ fees should be commensurate with the limited arbitration award. The employee alleged that courts must defer to the arbitrator’s discretion. Resolved in mediation.

 

• Action by a group of deaf teachers in a school for the deaf alleging their employer, a school district, failed to provide effective communication devices and reasonable accommodation under federal and state public accommodations and disability access laws. Following partial settlement on the case in chief, the parties disputed plaintiffs’ attorneys’ fees. The school district alleged the attorneys’ fees demand was excessive. Resolved by mediator’s proposal.

 

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