Trial Court Fee Withstood Because Good Faith Settlement With One Defendant Did Not Offset Jury Award Against Another Defendant.
In Campos v. Kennedy, Case No. B293745 (2d Dist., Div. 2 Mar. 17, 2020) (unpublished), a sexual assault case with very bad facts, the appellate court considered a $2.41 million fees award to the prevailing party on remand and a $125,473.60 by plaintiff for fees incurred in a prior appeal. The 2/2 DCA decided trial court fees stood up, but it reversed the appellate fee award.
Defendant argued that plaintiff did not prevail because there was a settlement with a co-defendant which was an offset from the jury verdict against defendant, such that plaintiff did not prevail. Nope. There were separate and distinct wrongs committed by the two sets of defendants. Once that was recognized, no offset was justified, plaintiff prevailed, and the $2.4 million-plus trial court fee award was sustained.
Different matter as to the appellate fee award. The appellate court, construing its earlier opinion, found that plaintiff did not prevail on the prior appeal—meaning the $125,473.60 appellate fee award went POOF!
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