In what circumstances will the court award attorney's fees and costs to defendants in a personal injury case?

California, United States of America


The following excerpt is from Roy v. Mount Wash. Homeowners Alliance, B219407, Los Angeles County Super. Ct. No. BC413819 (Cal. App. 2011):

In addition, as the trial court noted, the billing records showed that defendants' counsel exercised significant billing judgment, in that counsel performed at least 50 hours of relevant work at no charge, in addition to the billed hours. The trial court properly concluded the number of hours billed were necessary and reasonable. Further, the trial court did not award all the fees requested. It denied application of the 1.25 multiplier requested by defendants' attorneys. For the foregoing reasons, we conclude that the trial court did not abuse its discretion in awarding attorney's fees and costs. (Ketchum v. Moses, supra, 24 Cal.4th at p. 1132.)

Page 14

The judgment is affirmed. Defendants are to recover their costs on appeal.

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