Warren

Warren v. Kia Motors Am., Inc.

Good Law
241 Cal. Rptr. 3d 263·30 Cal. App. 5th 24
Court of Appeal of CaliforniaDecember 12, 2018E068348California9,086 words

Opinion

Lead Opinion

Fields, J.

*28 I. INTRODUCTION

A jury awarded plaintiff and appellant, Shirlean Warren, $17,455.57 in damages pursuant to the Song-Beverly Consumer Warranty Act ( Civ. Code, § 1790 et seq. ) 1 (the Song-Beverly Act), commonly known as California's "lemon law." ( Goglin v. BMW of North America, LLC (2016) 4 Cal.App.5th 462 , 467, fn. 5, 208 Cal.Rptr.3d 646 ( Goglin ).) As part of the judgment, the court awarded Warren $115,848.24 in attorney fees and $24,436.65 in costs and expenses. (§ 1794, subd. (d).)

In this appeal, Warren challenges her attorney fee award and her costs and expenses award. In the trial court, Warren requested $526,582.89 in attorney fees ($351,055.26 in lodestar fees, times a multiplier of 1.5) and $40,151.11 in costs and expenses. The court applied a negative multiplier of 33 percent (33%) to the lodestar figure of $351,055.26, resulting in the $115,848.24 attorney fee award ($351,055.26 times .33 equals $115,848.24). The court disallowed two items listed in Warren's memorandum of costs: (1) $9,832.46 in prejudgment interest on the $17,455.57 judgment; and (2) $5,882 for court reporters' trial transcripts. ($40,151.11, less $5,882, less $9,832.46, equals…

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