Menge
Menge v. Farmers Insurance Group
Opinion
Lead Opinion
Kingsley, J.
Plaintiff filed a class action against defendant insurance company, seeking an injunction against the distribution of certain solicitation material, alleged to be inaccurate and misleading. After proceedings lasting over 11 months, the parties entered into a stipulated judgment which, in effect, granted plaintiff the relief sought. The judgment also ordered defendant to pay the sum of $7,500 to plaintiff’s *145 attorneys for their services in connection with the proceeding. The notice of appeal is from the entire judgment. However, defendant’s briefs attack only the portion of the judgment awarding attorney fees. For the reasons hereinafter stated, we reverse that portion of the judgment and affirm the remainder.
On this appeal, defendant contends:
(1) That the attorneys are not entitled to fees because they were not the effective cause of the ultimate settlement:
(2) That the fees awarded are excessive; and
(3) That, in any event, there is no jurisdiction in the trial court to award fees as against the defendant in a class action of this nature.
I
The first two contentions are without merit, (a) Regarding the first contention, defendant’s argument is that the…