Goes To Show How Recoverable Fees Can Eclipse The Merits Award.
Anderson v. Ford Motor Co., Case No. C089603 (3d Dist. Feb. 8, 2022) (partially published; fee discussion not published) illustrates how statutory fee-shifting provisions, in this case, a lemon law Song-Beverly Act statute can be more oppressive than the merits judgment with respect to amounts awarded in a case. Here, plaintiff obtained a $227,715.60 award consisting of $47,715.60 in compensatory damages, $30,000 in civil penalties, and $150,000 in punitive damages. Those merit damages were affirmed on appeal. Once that was done, the lower court’s award of $643.615 in Song-Beverly Act fees was also sustained. Who says that fees do not drive the result in many cases? We do not, because we have seen it too often in our posts over the years.