Prevailing Plaintiff’s Request For Fees In A Straightforward Lemon Law Case Was Properly And Significantly Reduced For Overstaffing, Lack Of Efficiency, Excessive Hourly Rates, And Denial Of Lodestar Multiplier.
We discussed the then unpublished case of Mikhaeilpoor v. BMW of North America, LLC, Case No. B293987 (2d Dist., Div. 1 April 1, 2020) in our April 2, 2020 post, and can now report that it was published on April 24, 2020.
Plaintiff won a $35,805.80 jury verdict in an “uncomplicated” lemon law vehicle case, then moved for $344,639 in fees – including a .5 lodestar multiplier – which the trial court reduced to $94,864 after denial of the requested multiplier and reductions for overstaffing, excessive hourly rates, and other inefficiencies. Plaintiff appealed, but the 2/1 DCA affirmed -- finding no abuse of discretion under the circumstances of the case.
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