Is a plaintiff entitled to attorney's fees in a diversity action brought under the Song-Beverly Act?

MultiRegion, United States of America

The following excerpt is from Pappas v. Ford Motor Co., 3:21-cv-00584-BEN-KSC (S.D. Cal. 2021):

In diversity actions, federal courts look to state law in determining whether a party has a right to attorneys' fees and how to calculate those fees. Base v. FCA U.S. LLC, No. 17-CV-01532-JCS, 2019 WL 4674368, at *2 (N.D. Cal. Sept. 25, 2019) (citing Mangold v. Cal. Pub. Util. Comm'n, 67 F.3d 1470, 1478 (9th Cir. 1995)). Under California law, buyers who prevail in an action under the Song-Beverly Act are entitled to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer[.] Cal. Civ. Code 1794(d) (West).

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