Rebney

Rebney v. Wells Fargo Bank

Good Law
1991 Cal. App. LEXIS 873·232 Cal. App. 3d 1344·284 Cal. Rptr. 113·91 Daily Journal DAR 9429·91 Cal. Daily Op. Serv. 6070
Court of Appeal of CaliforniaJuly 31, 1991A041869California2,117 words

Opinion

Opinion

Benson, J.

I. Introduction

This appeal by Manuel Glenn Abascal challenges an allocation of attorney fees upon settlement of class action litigation arising from the assessment of various checking account fees by Wells Fargo Bank, N. A., and Crocker National Bank. We previously affirmed a judgment approving the settlement in Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3d 1117 [ 269 Cal.Rptr. 844 ], In the present appeal we hold that on a motion for attorney fees in class action litigation, the trial court need not issue a statement of decision under Code of Civil Procedure section 632; the record need only indicate that fees were awarded under the “lodestar” or “touchstone” method.

II. Background

Under the terms of the settlement, $3.4 million was to be divided among numerous attorneys, including counsel for the class representatives (class counsel) and Abascal, who represented a group of objectors to the settlement. The court appointed a referee to determine the fees. Class counsel sought fees and costs in the sum of $3,100,489, while Abascal requested $763,960. The referee denied Abascal’s request for an evidentiary hearing on the fee question and for discovery of the…

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