Robertson v. Fleetwood Travel Trailers
In our decision in Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785 (Robertson I), we held the lodestar adjustment method of calculating attorney fees was applicable under the fee-shifting statute of the Song-Beverly Consumer Warranty Act (Song-Beverly Act).[1] However, we remanded the case for recalculation of the award of attorney fees because the trial court applied some of the same factors in determining both the lodestar amount and the multiplier. (Robertson I, supra, at p. 822.) In its redetermination of the fee award on remand, the trial court used the same hourly rate it did in Robertson I[2]for purposes of computing the lodestar amount, and then enhanced that amount by a multiplier of 1.35 -- which was considerably higher than the .50 multiplier in Robertson I. Consequently, the attorney fees awarded on remand concerning the trial portion of the case were substantially more than the prior award. In addition, the trial court awarded attorney fees concerning the appeal in Robertson I in an amount that included a multiplier of .95.[3] The total award of fees and costs, including the redetermined attorney fees as to the trial portion of the case, attorney fees on appeal and costs came to $545,723. Defendant Fleetwood Travel Trailers, Inc. (defendant) appeals from the award of attorney fees, contending the trial court once again failed to eliminate the double counting of factors in the lodestar and multiplier or otherwise abused its discretion in computing fees. Plaintiffs Francis and Lorna Robertson (plaintiffs) respond that the trial court correctly reassessed the amount of attorney fees under the evidence submitted in connection with the new hearing without any duplication of factors, therefore the award should stand. Court conclude that plaintiffs are correct and thus affirm the trial courts fee award.
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