Hourly Rates Are Left To Trial Judge’s Experience, With Reliance On Surveys And Matrices Left In His/Her Discretion.
In CJ Freshway America Corp. v. Lim, Case Nos. B321415/B322905 (2d Dist., Div. 8 Oct. 14, 2024) (unpublished), certain defendants were found jointly and severally liable for over $1.5 million and another defendant was found liable for $900,000 for receiving stolen property belonging to plaintiff, which triggered the fee-shifting clause under Penal Code section 496(c). Subsequently, after plaintiff first asked for $1.75 million and then reduced the “ask” to $1.566 million, the lower court awarded $1,050,000 to the defense. The appellate court affirmed. In essence, the hourly rate is a discretionary lower court call, with it not having to credit any specific survey or matrix at arriving at a fair rate. There was no abuse of discretion in the award, given the reductions by the lower court.