PRETRIAL ADJUDICATION
...Pleading
......Class Actions
.........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.