California, United States of America
The following excerpt is from Sanfilippo v. Trinh, H045575 (Cal. App. 2019):
Defendant argues that the attorney's fees and costs awards should be reversed because the amounts are not supported by evidence in the record. He complains that plaintiff did not submit a memorandum of costs or any detailed time records to establish reasonableness, and the attorney's fees were calculated without using a lodestar. Here again, without providing us a record of the trial court proceedings, defendant cannot meet his burden on appeal of showing reversible error. Defendant's argument that the trial court was required to apply a lodestar fails for the additional reason that a lodestar is used to calculate statutory attorney's fees in contingency cases. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133.) The attorney's fees here are contractual, not statutory, based on the fee provision of the lease.
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