$10,200 Potential Difference Necessitated A Remand, Not On Appellate Modification Based On Uncertainty In The Lower Court’s Ruling.
In Fuentes v. Betuel, Case No. B302827 (2d Dist., Div. 3 May 19, 2023) (unpublished), prevailing defendants moved to recover attorney’s fees of $128,860, with the lower court making some reductions—including adjustments to prevent a “double dip” on prior awards of fees in discovery battles—in coming to an eventual award of $113,745. Except for one aspect of the award, the result held up on appeal. However, the appellate court was unclear on whether the lower court maybe did “double dip” about $10,200 on the discovery issue. Rather than modify the judgment downward, the Court of Appeal remanded so the trial judge could revisit the issue, without indicating how the lower court should rule.
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