Kerper
Kerper v. Sauer CA4/1
Opinion
Opinion
DISCUSSION
General legal principles
Sauer argues the trial court abused its discretion in awarding attorney fees because
it did not consider appropriate legal factors such as the skill and experience of the
attorneys, the nature of the litigation, and the reasonableness and success of counsels'
efforts. We reject Sauer's arguments.
In assessing attorney fees, the trial court "begins with a touchstone or lodestar
figure, based on the 'careful compilation of the time spent and reasonable hourly
compensation of each attorney . . . involved in the presentation of the case.' " (Ketchum
v. Moses (2001) 24 Cal.4th 1122, 1131-1132.) "[T]he lodestar is the basic fee for
comparable legal services in the community; it may be adjusted by the court based on
factors including, as relevant herein, (1) the novelty and difficulty of the questions
involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of
the litigation precluded other employment by the attorneys, [and] (4) the contingent
nature of the fee award. [Citation.] The purpose of such adjustment is to fix a fee at the
fair market value for the particular action."…