$64,000 Attorney’s Fees Sustained on Appeal By Second District, Division 8.
Plaintiff, in a Lemon Law car case, actually won $37,508.84 for breach of implied warranty and $560 for breach of express warranty as against Mercedes-Benz USA, LLC (MB). Because the Song-Beverly Consumer Warranty Act has a mandatory fee shifting provision for winning car buyers (Civ. Code, § 1794(e)(1)), plaintiff moved to recover fees totaling $512,266.18 (yes, you heard us right), consisting of a $186,000 lodestar plus a multiplier. The trial court awarded $64,000 in fees, which were the fees incurred by plaintiff before MB offered to settle the matter. Apparently not happy at all, plaintiff appealed.
The fee award to plaintiff was affirmed in Nunan v. Mercedes-Benz USA, LLC, Case No. B215181 (2d Dist., Div. 8 Oct. 21, 2010) (unpublished).
The abuse of discretion standard was determinative in this one. The amount of the fees awarded was more than the damages award, with the trial court determining the lodestar and then adjusting for any novelty/difficulty/skill displayed by plaintiff’s counsel through its reasoned comments on the record.
As with fee awards under Civil Code section 1717, equitable considerations do come into play. Although the trial court did note the matter was well tried, it believed plaintiff was asking “way too much money [over $500,000} for this type of trial” (a six-day trial).
