A Not Very Nice Guy v. A Nice Lady

Reply to Petitioner's Points & Authorities in Opposition to Respondent's Motion for Attorney's Fees & Costs


This is different from my normal submissions. I was hired by an attorney to write a Reply to a Response that had been filed on a Motion for Attorney Fees and Costs.

It's also different in that this Reply ended up not being filed because the case took another twist. The extent of my involvement in the case was writing this Reply.

Based upon the facts of the case and my own refusal to reveal identifying information in posting documents, I have chosen appropriate substitute names for the involved parties. Also, as per my usual practice, the information relating to the attorney in the Caption has been replaced with my own information. This seems appropriate for several reasons: 1) to further protect identities; 2) this posting is (partly, at least) to showcase my writing; 3) although I was not the attorney of record on the case, I am the author of the document.

The overall Motion, as noted, was for Attorney's Fees. Opposing Counsel chose to drive those fees still higher through a number of maneuvers. Of particular interest for this brief is that the Opposition Response consisted primarily of a Declaration that appeared to have been written by the Opposing Party (rather than counsel) himself and was essentially a long rant about how he had been wronged.

As I argue in this brief, that makes the majority of the Opposition Brief irrelevant; the statute spells out a different set of guidelines for the court to follow in deciding upon an award of fees and costs.

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Reference Info:State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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