What factors will the court use to determine an award for abuse of discretion in a personal injury case?

California, United States of America


The following excerpt is from Adly Enters., LLC v. Action, B282578 (Cal. App. 2018):

128.5, the court is not bound in its determination by such traditional factors as hours consumed, statements mailed, results attained, and the like." We review such award for abuse of discretion, and "[t]o be entitled to relief on appeal from the result of an alleged abuse of discretion it must clearly appear that the injury resulting from such a wrong is sufficiently grave to amount to a manifest miscarriage of justice [Citations.]" (Shelton v. Rancho Mortgage & Investment Corp. (2002) 94 Cal.App.4th 1337, 1345.)

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