Subcontractor Assignee Did Recover $282,915 In Fees/$35,859.85 In Costs Based On Compensatory Award Of $220,045.
In Mako Investments, LLC v. West Coast Contractors of Nevada, Case No. C073867 (3d Dist. Oct. 3, 2016) (unpublished), general contractor (West Coast) and subcontractor (Zephyr, which assigned its claim to an assignee) got into a dispute over payment, with subcontractor eventually winning over $1.5 million in compensatory and punitive damages from a jury. The lower court threw out the punitive damages and reduced the compensatory award such that the total damages award was $220,045. Subcontractor then sought to recover contractual attorney’s fees in the amount of $839,158.23 and costs in the amount of $65,665.32, but the lower court only awarded about 35% of the requests--$282,915 in fees and $35,859.85 in costs. Subcontractor assignee’s challenge to the fee award being too small was not availing.
First of all, given that subcontractor did not prevail on all of the claims (with many of the tort claims being unsuccessful), the lower court was within bounds to discount for the unsuccessful claims and the work effort claimed for such claims. (Rey v. Madera Unified School Dist., 203 Cal.App.4th 1223, 1238-1239 (2012).) Next, the lower court properly reduced the fee request for unreasonable, duplicative, and excessive work (example: 60 hours on the fees motion seeking “fees on fees”). Last, the lower court properly trimmed the lodestar hourly rate request, given that petitioning subcontractor tried to support high rates for litigating in Placer County through the use of large U.S. firm rates which were inapt in nature.
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