Leinberger

Leinberger v. Keystone RV Co. CA4/3

Good Law
Court of Appeal of CaliforniaOctober 2, 2015G049341California2,192 words

Opinion

Opinion

INTRODUCTION

Cris Leinberger appeals from a postjudgment award of attorney fees after his lemon-law case settled and judgment was entered in his favor against respondent Keystone RV Company, Inc. Leinberger’s issue on appeal is that the court did not give his attorney a large enough fee award. We affirm the order. The trial court has wide discretion in setting the amount of fees, particularly in routine litigation such as a lemon-law case. As Leinberger’s counsel himself acknowledged, the trial court has extensive experience with these types of cases; it is therefore in a very good position – certainly better than we are – to determine whether the case has been efficiently litigated and a reasonable amount of time spent on it. We cannot find any abuse of the trial court’s discretion here.

FACTS

Leinberger commenced this litigation in federal court in September 2009. He filed a complaint in Orange County Superior Court under the provisions of the Song- Beverly Consumer Warranty Act, Civil Code sections 1790 et seq., known as the “lemon law” (Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478, 485), in May 2011. For a while these two actions overlapped, until Leinberger…

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