Collins

Collins v. City of Los Angeles

Good Law
139 Cal. Rptr. 3d 880·2012 Cal. App. LEXIS 455·205 Cal. App. 4th 140·2012 WL 1371978
Court of Appeal of CaliforniaApril 20, 2012No. B228882California7,827 words

Opinion

Lead Opinion

Croskey, J.

*145 Opinion

Brendan J. Collins and Greta F. Hunt, individually and on behalf of persons similarly situated, appeal a judgment awarding them part of the amounts billed by and paid to the City of Los Angeles (city) for emergency response costs. They also appeal a postjudgment order awarding attorney fees and costs payable to class counsel. Plaintiffs contend the trial court erred by (1) awarding prejudgment interest from the date of the parties’ stipulation on the calculation of the amounts recoverable rather than the date of each class member’s payment to the city; (2) ordering the city to pay only 60 percent of plaintiffs’ reasonable attorney fees under Code of Civil Procedure section 1021.5 (section 1021.5), while requiring plaintiffs to pay the remaining 40 percent from their monetary recovery; (3) denying recovery for some of their claimed attorney and paralegal fees; and (4) allowing the city to retain unclaimed funds.

With respect to these four issues, we hold that (1) the amounts awarded were certain or capable of being made certain by calculation within the meaning of Civil Code section 3287, subdivision (a) on the date of each payment by a class member and that…

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