$50,000 Award Out of $176,406 Request Sustained.
Partial success, in the next case we discuss being a plaintiff who obtained a $21,600 damages award after seeking around $170,000, can lead indeed to a reduced fee award.
Winning plaintiff sought Civil Code section 1717 fees of $176,406 even though he only won under 15% of what he requested in damages. The trial court, in Ebrahimi v. Highrise Builders, Inc., Case No. B225636 (2d Dist., Div. 8 Sept. 14, 2011) (unpublished), awarded plaintiff $50,000 in fees out of the requested amount, which was more than a third of his request.
Plaintiff appealed, seeking more. He didn’t get them.
Simply put, plaintiff’s dismissal of certain claims and limited success on the remaining more than justified the lower court’s discretionary award of $50,000.