Reasonableness Of Fees: Defendant Winning Retaliatory Eviction Action Correctly Awarded Only $2,671.50 Out Of A Requested $26, 715 In Attorney’s Fees

10% Was Reasonable Based On The Defense Not Ending The Dispute Through A Demurrer And Based On Plaintiff’s Indigency.

            Wiles v. McClure, Case No. A161165 (1^st Dist., Div. 3 Aug. 27, 2021) (unpublished) shows how a trial judge can consider numerous circumstances when determining the reasonableness of a requested fee award.

            The defense won a retaliatory eviction action which contained a prevailing party fee entitlement under Civil Code section 1942.5(i).  Defendant requested $26, 715 in attorney’s fees, but only was awarded about 10%--$2,671.50.  That reduction was affirmed on appeal.  The lower court determined that the defense could have litigated much more efficiently by bringing the dispositive issue up through a demurrer rather than a summary judgment motion, not to mention that plaintiff was indigent.  Indigency is a proper factor to consider, Garcia v. Santana, 174 Cal.App.4^th 464, 476-477 (2009), such that this was not an impermissible consideration for purposes of affirming the ultimate award in line with other factors.