Roth

Roth v. Plikaytis

Good Law
15 Cal. App. 5th 283·2017 Cal. App. LEXIS 790·222 Cal. Rptr. 3d 850
Court of Appeal of CaliforniaSeptember 13, 2017D070484California3,280 words

Opinion

lead Opinion

Dato, J.

*285 Defendant Anice Plikaytis appeals from an order awarding her attorneys' fees in a breach of contract action brought by plaintiff Debra Roth. In the published portion of the opinion, we agree with Plikaytis's contention that the trial court erred when it declined to consider previously filed documents she incorporated by reference as part of her motion. In the remaining unpublished portions of the opinion, we discuss Plikaytis's arguments that (1) the court failed to apply the lodestar method, (2) erroneously denied fees for equitable and cross-claims and for obtaining relief from bankruptcy stays, and (3) substantially reduced her award without explanation. We conclude the court erred by denying fees for obtaining bankruptcy stay relief that related to the breach claim and failing to provide an adequate justification for significantly reducing the number of hours allowed. We are *286 unpersuaded by Plikaytis's remaining contentions. Accordingly, we affirm in part, reverse in part, and remand with directions.

FACTUAL AND PROCEDURAL BACKGROUND

Underlying Events and Breach of Contract Trial

This case arose out of financial dealings between Debra Roth, her husband James Roth,…

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