Hayward
Hayward v. Ventura Volvo
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.