Hayward

Hayward v. Ventura Volvo

Good Law
108 Cal. App. 4th 509·133 Cal. Rptr. 2d 514·2003 Cal. App. LEXIS 657·2003 Daily Journal DAR 4911·2003 Cal. Daily Op. Serv. 3816
Court of Appeal of CaliforniaMay 5, 2003B159278California990 words

Opinion

Opinion

Gilbert, J.

Plaintiff bought a car that does not work. He retained a lawyer on a contingency fee to bring an action under the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.). He prevailed and the court awarded reasonable attorney’s fees under the act. Here we hold that the court is not limited in awarding fees to those incurred by plaintiff under the contingency fee contract. We affirm.

Facts

Larry Hayward sued Lars Lundgren Enterprises, Inc., doing business as Ventura Volvo (hereafter Ventura Volvo). Hayward alleged that he purchased a used car from Ventura Volvo along with an extended warranty. When the engine needed replacement, Ventura Volvo refused to honor the warranty.

A jury awarded Hayward $14,812 compensatory damages and a $29,624 civil penalty against Ventura Volvo for its willful violation of the warranty. (§ 1794, subd. (c).)

Hayward moved for an award of attorney’s fees pursuant to section 1780, subdivision (d). He requested $103,419 as the reasonable value of his attorney’s services. Ventura Volvo objected that the award is limited to the fees actually incurred by plaintiff under the contingency fee contract.

The contract between Hayward and his attorney…

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