$164,374.50 In Fee Recovery Sustained On Appeal.
1884. Library of Congress.
In California Hand Center, Inc. v. Katzen, Case Nos. B259520/B261646 (2d Dist., div. 1 May 26, 2016) (unpublished), a court-appointed awarded plaintiff $227,319.46 in damages (on appeal, reduced to $177,319.46) under a contract with a fees clause. The referee also awarded plaintiff, as prevailing party, $164,374.50 in contractual attorney’s fees.
Except to get a $50,000 damages modification, the prevailing party fee determination did not change on appeal. In essence, plaintiff obtained the greater monetary relief even though a less-than-total-victory was obtained. With that said, the contractual fees award was affirmed on appeal because plaintiff was the overall victor.