What is the lodestar adjustment method used by a jury to determine the amount of time spent by a plaintiff in a medical malpractice case?

California, United States of America


The following excerpt is from Chodos v. Borman, B252446 (Cal. App. 2014):

The lodestar adjustment method contemplates a preliminary determination of the amount of the lodestarthe reasonable number of hours expended multiplied by a reasonable hourly rateand then the possibility of an adjustment of "that figure up or down depending upon a variety of factors." (Californians for Responsible Toxic Management v. Kizer (1989) 211 Cal.App.3d 961, 973.) Client contends, inter alia, that the trial court erred by allowing the jury to adjust the amount of the lodestar found by the jury upward using a multiplier. According to client, the lodestar adjustment method, which includes a multiplier applied to enhance the lodestar amount, is not applicable to cases, such as this one, which do not involve a fee-shifting statute, contingent risk to the attorney, or the enforcement of an important public right or policy.

Page 15

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