What is the test for determining attorney fees?

California, United States of America


The following excerpt is from Sharif v. Mehusa, Inc., B255578 (Cal. App. 2015):

"[A] court assessing attorney fees begins with a touchstone or lodestar figure, based on the 'careful compilation of the time spent and reasonable hourly compensation of each attorney . . . involved in the presentation of the case.' [Citation.]" (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131-1132.) "'[T]he lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors including, as relevant herein, (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of

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the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award. [Citation.] The purpose of such adjustment is to fix a fee at the fair market value for the particular action. . . . The "'experienced trial judge is the best judge of the value of professional services rendered in his court, and while his judgment is of course subject to review, it will not be disturbed unless the appellate court is convinced that it is clearly wrong.'" [Citation.]' [Citation.]" (Chodos v. Borman (2014) 227 Cal.App.4th 76, 92; Akins v. Enterprise Rent-A-Car Co. (2000) 79 Cal.App.4th 1127, 1134 ["The only proper basis of reversal of the amount of an attorney fees award is if the amount awarded is so large or small that it shocks the conscience and suggests that passion and prejudice influenced the determination. [Citation.]"].)

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