Inadequate Record, Discretionary Apportionment Principles, And Failure To Show Abuse Of Discretion Led To Affirmance Of Awards.
Defendants apparently were shocked by a trial judge awarding a combined $284,482.48 in attorney’s fees and costs against two groups of defendants and in favor of a plaintiff in a case alleging that defendants failed to disclose that a sold vehicle had been previously stolen and damaged so as to cause the right-front suspension to fail while plaintiff was driving on the freeway. The lower court did so under the Consumer Legal Remedies Act, the Song-Beverly Act, and a contractual fees clause under a settlement agreement with the defendants. Various defense challenges on appeal were not accepted as persuasive by the 2/2 DCA in Horvath v. HC Automotive, Inc., Case No. B295116 (2d Dist., Div. 2 Oct. 7, 2020) (unpublished).
The argument that plaintiff violated CRC requirements for the fee motion failed because they failed to include the alleged defective notice of motion and motion for fees. The settlement agreement clearly allowed plaintiff to seek fees, with three bases for fee entitlement being presented. The trial court has broad discretion to allocate a fees award among various defendants, with the defense side having the opportunity to present their positions on the issue. The amount of fees awarded was no clear abuse of discretion, given that there is a presumption the lower court is presumed to follow the appropriate factors—with a 40-page minute order showing that to be the case.
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