Reasonableness Of Fees: $55,000 Fee Recovery Was Not Exorbitant In Action Where Plaintiff Recovered $47,000 In Compensatory Damages Against Defendant Guarantor

 

No Proportionality Required Under Civil Code Section 1717.

     In Cannon v. Hohenberg, Case No. H040497 (6th Dist. Oct. 27, 2015) (unpublished), defendant guarantor lost a case to the prevailing plaintiff where a contractual fees clause was involved. The lower court awarded about $55,000 in fees even though plaintiff only recovered $47,000 in compensatory damages.

     No problem, the reviewing court said, no proportionality was required under Civil Code section 1717. Fees award affirmed on appeal.

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