What is the test for determining the proper amount of attorney fees awarded in a personal injury case?

California, United States of America


The following excerpt is from Washburn v. City of Berkeley, 195 Cal.App.3d 578, 240 Cal.Rptr. 784 (Cal. App. 1987):

In general, a trial court has discretion to determine the proper amount of an attorney fee award under Code of Civil Procedure section 1021.5, and that determination will be reversed only for an abuse of discretion. (See, e.g., Press v. Lucky Stores, Inc., supra, 34 Cal.3d at pp. 321-324, 193 Cal.Rptr. 900, 667 P.2d 704 [court abused discretion in calculating amount of award because it failed to apply lodestar adjustment method].)

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