What is the test for determining attorney fees awarded by a judge in a personal injury case?

California, United States of America


The following excerpt is from Polycomp Tr. Co. v. Agbede, E070613, E071376 (Cal. App. 2020):

"The trial court is in the best position to determine the value of services rendered during the trial over which it presided and, accordingly, we will not disturb the court's decision regarding the appropriate amount of reasonable attorney fees absent a clear abuse of discretion. [Citation.]" (Cavalry SPV I, LLC v. Watkins (2019) 36 Cal.App.5th 1070, 1101.)

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"' . . . By and large, the court should defer to the winning lawyer's professional judgment as to how much time he was required to spend on the case; after all, he won, and might not have, had he been more of a slacker.' [Citation.]" (Kerkeles v. City of San Jose (2015) 243 Cal.App.4th 88, 104.)

The Borrowers assert that the fees awarded were unreasonable in four specific respects.13

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