Goglin

Goglin v. BMW of North America, LLC

Bad Law
2016 Cal. App. LEXIS 887·208 Cal. Rptr. 3d 646·4 Cal. App. 5th 462
Court of Appeal of CaliforniaOctober 21, 2016D068442California4,403 words

Opinion

Opinion

McConnell, J.

i

INTRODUCTION

BMW of North America, LLC (BMW North America), and GMG Motors, Inc., doing business as BMW of San Diego (BMW San Diego) appeal from a judgment awarding Nancy Goglin over $185,000 in attorney fees and costs for successfully settling her claims under the Song-Beverly Consumer Warranty Act (Song-Beverly Act) (Civ. Code, § 1790 et seq.) and other consumer protection statutes. Both BMW North America and BMW San Diego contend Goglin is not entitled to any attorney fees or costs because BMW San Diego offered an appropriate remedy before Goglin filed her complaint, which Goglin unreasonably refused to accept. Alternatively, BMW San Diego contends the fee award should be reduced because there is insufficient evidence to show Goglin’s counsel’s hours worked and hourly rate were reasonable given the litigation’s lack of risk and complexity. We are not persuaded by these contentions and affirm the judgment.

II

BACKGROUND

In April 2011 Goglin entered into a retail installment sales contract to purchase a used 2008 BMW 535i from BMW San Diego. The total sale price for the vehicle was $45,762, payable in 60 monthly installments of $762.70.

In June 2013 Goglin sent…

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