PRETRIAL ADJUDICATION
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Pleading
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Class Actions
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Generally
............Attorneys' Fees & Costs
7 Cards On This Topic:
Remand required where court properly calculated attys' fees as percentage of gross class settlement but didn't adequately explain basis for award.
Unnamed class member who files objection in dist. court to amount of attys' fees in class action settlement under Rule 23 may appeal fees award without intervening in dist. court.
In camera review of class counsel's billing records to support fee award was fundamentally unfair where it relied on billing information not provided to D and which D had no opportunity to challenge.
P’s failure to disclose fee-splitting agreement in previous class action, required by CRC 3.769, precluded him from bringing separate action to enforce agreement.
P class properly awarded atty fees as prevailing party on contract, using comparative approach: "on balance" Ps secured "greater relief" and "prevailed sufficiently" to warrant fee award.
Court abused discretion to award large attorney fee to attorney whose hours in consolidated class action not "reasonably spent" and no "reasonable bases" for award.
Trial court must measure class counsel award calculated under lodestar methodology by percentage-of-the-benefit yardstick and adjust lodestar upward or downward on that basis.