McKenzie

JamesMcKenzie appeals from the trial court’s order awarding him only $28,350 of the nearly $48,000 in attorney fees he sought in this case, following the parties’ settlement of McKenzie’s claim under the automobile “lemon law” provisions of the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). He contends the court abused its discretion by awarding him none of the attorney fees he incurred following Ford Motor Company’s initial offer to compromise in April 2013, even though the case did not settle until months later.

The trial court refused to award McKenzie any of the attorney fees incurred in the wake of Ford’s initial offer because it viewed the compromise offer ultimately accepted by McKenzie as essentially identical to the offer he had initially rejected—distinguished only by his “demand that [he] be allowed to file [a fee] motion.” The court concluded the entire 42 hours billed by McKenzie’s counsel in the wake of Ford’s initial offer amounted to “plaintiff’s counsel exaggerating the amount of their fees to increase their prized fees.” In short, the court concluded McKenzie unreasonably delayed settlement for the sole purpose of “ginning up” his fee…