Warren
Warren v. Kia Motors Am., Inc.
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…