Various Lodestar Challenges Are Rejected In Unpublished Portion of Opinion.
In RSB Vineyards, LLC v. Orsi, Case Nos. A143781/A145029 (1st Dist., Div. 3 Sept. 29, 2017) (partially published; fee discussion not published), the trial and appellate courts confronted a plaintiff misrepresentation action relating to its purchase of a residence with a vineyard/wine tasting building from various seller defendants. Plaintiff’s theory was that certain structural and other problems were not properly disclosed. Plaintiff lost a summary judgment to the defense, with the trial judge awarding attorney’s fees of $262,400 and $4,868 in expenses to the defendants under a contractual clause allowing “reasonable” fees and costs to the prevailing parties.
Appealing plaintiff lost both the merits and the fee award challenges.
Although unpublished, the fee proceeding basically pitted the defense attorney’s showing against a fee expert opining that only half of the requested fees should be granted. The trial court went with the defense showing, a showing sustained on appeal. The complaint pre-filing efforts were found compensable. (Stokus v. Marsh, 217 Cal.App.3d 647, 656 (1990).) The trial judge did not have to credit the opposition’s fee expert given the need to consider all the evidence and the judge’s experience in dealing with the overall case. Finally, the trial judge could award a lodestar hourly rate commensurate with hourly rates for practitioners in the community rather than a lower rate billed to the client based on whatever factors were in play. Fee award affirmed.
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