When you're sued under California's Immigration Consultant Act (ICA), you may expect to defend your conduct and reach a fair settlement. But what happens when the other side demands tens of thousands of dollars in attorney's fees—even in cases involving only technical or paperwork violations?

That's exactly what happened in Immigrant Rights Defense Council, LLC v. Ramirez (Case No. B342780). In that case, the plaintiff requested over $83,000 in attorney fees—for a lawsuit that ended in a basic stipulated injunction.

Fortunately, the California Court of Appeal reversed the award, calling the fees excessive, unsupported, and possibly driven by self-interest. More importantly, the court left the door open to arguments that could reduce the award to zero.

In this article, we'll explain how you can use discovery tools to gather evidence and fight back against inflated fee claims, especially if you've been sued under the ICA.

What the Ramirez Decision Means for You

In IRDC v. Ramirez, the court made several critical findings:

• The plaintiff's attorney claimed $750/hour—but couldn't justify the rate.

• He used boilerplate pleadings recycled from hundreds of other lawsuits.

• He asked for a 1.5 multiplier (i.e., a 50% bonus)—with no explanation.

• The injunction didn't stop any new behavior—it simply ordered compliance with existing law.

• The court questioned whether the plaintiff was simply a shell company for the attorney's own litigation machine.

Most importantly, the appellate court said the trial judge should consider whether the plaintiff is merely the alter ego of the lawyer. If so, the plaintiff may be self-represented, and not entitled to any attorney fees at all.

How Discovery Can Help You Challenge Attorney Fees

If the other side files a motion for attorney fees after settlement or trial, you don't have to accept their numbers at face value. In fact, under California law, you have the right to conduct written discovery and request documents to challenge the legitimacy of their claimed fees.

At our firm, we routinely use the following tools:

✅ Special Interrogatories

We ask questions designed to uncover:

• Who actually performed the work

• Whether the plaintiff has any employees or corporate structure

• Whether billing entries reflect real time or inflated estimates

• Whether identical pleadings were reused across multiple cases

Examples:

• “State all facts supporting your entitlement to a lodestar multiplier.”

• “State whether the complaint in this case was generated from a template used in other lawsuits.”

✅ Requests for Admission (RFAs)

We serve RFAs to pin down specific facts that, if denied, require detailed answers through Form Interrogatory 17.1.

Examples:

• “Admit that the BOILERPLATE ATTORNEY is the only person who performed legal work for Plaintiff in this case.”

• “Admit that the complaint filed in this case is materially identical to complaints filed in other ICA lawsuits.”

✅ Demand for Production of Documents

We ask for:

• Billing records and time entries

• Copies of template pleadings

Examples:

• “All time records, invoices, or internal tracking logs used to calculate the attorney fees claimed in your motion.”

• “All settlement agreements or fee awards obtained in similar cases filed under the ICA by Plaintiff.”

The Alter Ego Argument: A Path to Zero Fees

In Ramirez, the appellate court noted that if the plaintiff is the alter ego of the attorney, the court may conclude that the party was effectively self-represented. Under California law, self-represented litigants cannot collect attorney's fees, even if the person is a licensed attorney.

This is especially powerful in ICA lawsuits filed by corporations with no employees, no physical presence, and no real operations—just a mailing address and a law firm behind it.

If we uncover evidence that the plaintiff is simply a shell for its lawyer, we can argue that no fees should be awarded at all.

You Have the Right to Challenge Excessive Fees

Many small business owners and immigration consultants assume that once a motion for attorney's fees is filed, there's no way to fight it. That's false.

The law gives you the right to:

• Challenge the amount of claimed fees as unreasonable or duplicative

• Demand evidence justifying billing rates and hours

• Expose misconduct in how the litigation was prosecuted

• Request a hearing to cross-examine the fee-seeking attorney

If the other side doesn't respond or tries to block discovery, we can file motions to compel and bring these issues to the judge's attention.

Why You Need a Strategic Defense

At the Law Office of Steve Lopez, we've seen these fee motions before. We know how to spot inflated numbers, questionable billing practices, and shell plaintiffs. More importantly, we know how to:

• Draft targeted discovery requests that challenge the fee claim

• Build a strong alter ego argument to disqualify fees entirely

• Push for hearings and cross-examinations

• Negotiate fair settlements that reflect the actual value of the case—not scare tactics

Don't Settle Out of Fear — Fight Back with Evidence

If you're being sued under the Immigration Consultant Act and the other side is threatening outrageous legal fees unless you settle on their terms, you don't have to give in. You have rights—and you can use the discovery process to turn the tables.

📞 Call the Law Office of Steve Lopez today (562) 904-1193 if you've received a motion for attorney's fees or want help defending an ICA case.

We'll help you expose inflated fees, assert your rights, and fight back with strategy and precision.

Read Also:

How Immigration Consultants Can Defend Against Lawsuits Over Minor Violations

Frequently Asked Questions (FAQ)

❓ Can I challenge attorney fees after I've agreed to an injunction or settlement?

Yes. Even if you agreed to an injunction or settled the case, the other side still has to justify their attorney fee request. Courts have discretion to reduce or deny inflated fees, especially if the result is minimal or the case was based on boilerplate filings.

❓ What kind of evidence can I gather to fight inflated fees?

You can use written discovery to request billing records, template pleadings, corporate documents, and communications showing who actually performed the work. This can expose inflated hourly rates, duplicative work, or lack of corporate separateness.

❓ What if the plaintiff is just a shell company created by the lawyer?

That may be a strong alter ego argument. If the plaintiff is essentially the attorney's alter ego, courts may treat them as self-represented—meaning they're not entitled to any attorney fees at all. This issue was highlighted in IRDC v. Ramirez, and should be explored through targeted discovery.

❓ Can I serve discovery even after the case is over?

In many cases, yes. If the judgment or settlement reserved the issue of attorney fees for later determination, you can serve discovery to oppose the fee motion. We routinely help clients do this as part of their post-judgment strategy.

❓ What if I already paid a settlement—can I still fight the fees?

It depends. If you signed a release that includes a waiver of fees and costs, it may be binding. But if the fee issue was left open or is being litigated separately, we can still help you challenge or reduce the award.

❓ What can your office do to help?

We can help you:

• Draft and serve targeted discovery

• Oppose unreasonable fee motions

• Assert alter ego or self-representation defenses

• Protect your finances and business reputation

⚠️ Legal Disclaimer

This blog post is for general informational purposes only and does not constitute legal advice. Every case is different, and results depend on the specific facts and circumstances. If you are facing a lawsuit or a motion for attorney's fees under the Immigration Consultant Act, you should consult with a qualified attorney. The Law Office of Steve Lopez, APC can evaluate your case and advise you on your legal options. Contact us today to schedule a confidential consultation.