In re Tobacco Cases I

Filed 4/26/13; mod. filed 5/8/13; pub. order 5/20/13 (see end of opn. for mod. & pub. order)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re TOBACCO CASES I D061077, D061676

(Super. Ct. No. JCCP 4041)

CONSOLIDATED APPEALS from orders of the Superior Court of San Diego

County, Ronald S. Prager, Judge. Affirmed.

R.J. Reynolds Tobacco Company (Reynolds) challenges trial court orders issued

after remand in the last appeal in this matter, which award the People of the State of

California $2,943,920.63 in contractual attorney fees as the prevailing parties in an action

to enforce a consent decree and final judgment (Consent Decree) entered on a master

settlement agreement (MSA). Reynolds contends the court erred in its prevailing party

determination because the People did not achieve "greater relief" on the contract as

required by Civil Code section 1717 (section 1717), subdivision (b)(1)). Alternatively,

Reynolds contends the court erred by applying market rates for San Francisco Bay Area

attorneys when determining the lodestar amount of fees, instead of local San Diego market rates, and by not…