In a personal injury action, is there any evidence that passion and prejudice played a part in the award of attorney fees?

California, United States of America


The following excerpt is from Pasternack v. McCullough, B302137 (Cal. App. 2021):

The trial court thoroughly examined the record and reduced both the time claimed and the hourly rate for one of the partners. Indeed, [t]he award granted was significantly reduced from the original request as a result of the trial court's indication that it did not look favorably on the full request. Thus, it clearly appears that the trial court exercised its discretion. In these circumstances, we cannot conclude that the award of attorney fees shocks the conscience or suggests that passion and prejudice had a part in it. As such, we conclude that the trial court did not abuse its discretion in awarding the attorney fees that it did. (Akins v. Enterprise Rent-A-Car Co. (2000) 79 Cal.App.4th 1127, 1134.)

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