Given Compensatory Award Was Close to Unlimited Jurisdiction Limit, Fee Award Was No Abuse of Discretion.
In California state courts, an unlimited civil case involves a matter in which the amount in controversy exceeds $25,000, exclusive of fees and costs in most instances. (Code Civ. Proc., §§ 86(a), 88.) However, a trial judge has discreton to dny a plaintiff costs (fees included) where the judgment could have been rendered in a court of lesser jurisdiction, meaning the compensatory award is $25,000 or less. (Code Civ. Proc., § 1033(a); Steele v. Jensen Instrument Co., 59 Cal.App.4th 326, 331 (1998).)
Coast Rehabilitation Services, Inc. v. Gray Duffy, LLP, Case No. B245940 (2d Dist., Div. 6 Dec. 4, 2013) (unpublished) involved an unlimited civil case where plaintiff won a compensatory award of $22,162.55 (inclusive of prejudgment interest), and the trial court later awarded fees of $14,504.50.
The fee award was affirmed on appeal. Because the compensatory award was close to the $25,000 jurisdictional limit, the lower court did not abuse its discretion by awarding $14,504.50 in fees.