Fee Clause Interpretation, Reasonableness Of Fees: Plaintiff Subhauler Winning Net Judgment Of $19,113.84 Was Properly Awarded Contractual Fees Of $100,415

Contractual Fees Do Not Have To Be Proportional And Unsuccessful Efforts Can Be Awarded.

            In Cheema v. L.S. Trucking, Inc., Case Nos. A150234/A151044 (1^st Dist., Div. 4 Sept. 17, 2019) (published), plaintiff, a subhauler for defendant trucking company, won affirmative recovery in the form of a net judgment of $19,113.84.  There was a broad contractual fees clause, which led the trial judge to award plaintiff the fully requested $100,415 in attorney’s fees.

            Both sides appealed, with plaintiff winning some relief on prejudgment interest and penalty denials.  However, the fee award was sustained.  Contractual fees do not have to be proportional to the damages award (Cruz v. Ayromloo, 155 Cal.App.4^th 1270, 1276 (2007)), and trial judges have broad discretion to not reduce fee requests for unsuccessful, albeit nonfrivolous, motions along the way.