Here is an interesting one you do not see too often--named class members having to pay attorney’s fees to the winning defendant.
On May 9, 2012, MMD Newswire posted that Raceway Ford, Inc. was awarded $1,468,380 in attorney’s fees plus costs as against 14 named class members, jointly and severally, in an automobile retail sales contract backdating class action case. The problem here is that the California Automobile Sales Finance Act has a mutual fee-shifting provision. Since Raceway Ford defeated all claims, it prevailed, much to the chagrin of the named class representatives who are on the hook for fees.
The fee award was made by Riverside County Superior Court Judge Dallas Holmes (who is retired but still presiding over some matters).