Reasonableness Of Fees: Contractual Fee Award Under Operating Agreement Clause Did Entitle Prevailing Defendants To A $168,584.25 Award

Hourly Rate Was Found To Be Reasonable.

               In I.S. Investments, LLC v. Zamucen, Case No. G064105 (4th Dist., Div. 3 Aug. 11, 2025) (unpublished), plaintiff lost a case to prevailing defendants where there was a contractual fees clause in favor of the defense.  Defendants moved for fees of $187,608 based on an hourly rate of $600, with the lower court awarding a reduced amount of $168,584.25 based on a $575 hourly rate.  Plaintiff’s appeal for a reduction didn’t succeed, given that the amount of a fee award is reviewed under the deferential abuse of discretion standard.  Notwithstanding that defense counsel billed clients at a lower hourly rate, that rate was not dispositive such that the lodestar rate could be set at a higher amount.  (Pasternack v. McCullough, 65 Cal.App.5th 1050, 1055-1056 (2021) [fee arrangement does not limit market rate applicable under a  lodestar analysis].)

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