Duff

Duff v. Jaguar Land Rover North America, LLC

Good Law
Court of Appeal of CaliforniaJanuary 27, 2022D078100California4,989 words

Opinion

Opinion

Filed 1/27/22

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

KEN DUFF, D078100

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2016- 00003200-CU-BC-CTL)

JAGUAR LAND ROVER NORTH

AMERICA, LLC,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Katherine A. Bacal, Judge. Reversed; remanded with directions. Lehrman, Villegas, Chinery & Douglas, Kate S. Lehrman, Jacqueline A. Bruce-Chinery, and Robert A. Philipson for Defendant and Appellant. Michael E. Lindsey for Plaintiff and Respondent. Following a bench trial wherein Ken Duff prevailed on one claim under

the Song-Beverly Consumer Warranty Act (Civ. Code,1 § 1790, et seq.; Song- Beverly or the Act), but was only awarded $1 in nominal damages, the trial court awarded Duff $684,250 in attorney fees. Jaguar Land Rover North America, LLC (Jaguar) appeals the order awarding Duff attorney fees.

1 Statutory references are to the Civil Code unless otherwise specified. Among other arguments, Jaguar contends the trial court applied the incorrect legal standard in…

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